A claim for Taxotere and failure to warn typically means that a plaintiff believe the manufacturer didn’t warn the consumer of a problem with the product. As part of the claim, the individual alleges that they needed to know about a problem to make an informed decision about using it. Because the manufacturer was negligent about providing that information, the person did not have the ability to weigh their options.
Patients should have the ability to decide what is important to them when considering their options. If they were made aware of the risk of permanent hair loss from a drug that could save their life; they should have the right to decide whether to proceed or explore other options. When an individual doesn’t have that warning, they don’t have the ability to conduct a risk-benefit analysis that everybody should do when they are presented with an option to take a drug. Contact an experienced Taxotere attorney to review your claim.
Filing a Failure to Warn Claim
Anyone who took the drug prior to a change in the labeling by the manufacturer to warn people of a risk of this particular problem can file a Taxotere; and failure to warn claim if they had an adverse reaction to the drug. For a successful failure to warn claim, there are three requirements:
- The person used the product;
- They have damages, and
- Lastly, the adverse reaction occurred prior to a warning placed on the label by the manufacturer.
Defining a Black Box Warning
A black box warning is a way to describe the printing on the box or the patient insert that comes with a drug.
The manufacturer puts a warning in a bolder type with a black line or box around the warning to attract people’s attention; so they can read about a serious side-effect possibility when they use the drug. A black box warning is supposed to heighten awareness.
The only warning about the side-effects of Taxotere was a weak statement. Specifically, about reported cases of permanent hair loss which did not rise to the level of a black box warning. Individuals should speak with an attorney about similar a watered-down attempts to warn the consumer.
Likelihood of Continued Drug Promotion
The manufacturer sold Taxotere for more than 20 years before they disclosing a possibility of permanent hair loss. They knew about the issue in 2005 and possibly before that. They sold Taxotere with full knowledge that there was a problem they did not disclose until 2015.
The fact that the manufacturer sold Taxotere knowing there was a problem says a lot about their corporate moral compass. The annual sales for Taxotere are currently $1.4 billion a year. It appears that their focus is on corporate profits over people.
Available Compensation for Taxotere Victims
The exact type of compensation available for a person who suffered permanent hair loss from Taxotere is not available until a case is fully examined. There will be some kind of monetary compensation. If someone were to receive damages for a Taxotere and failure to warn claim, each person will receive a different amount. There may also be an increased warning put on the product as well as changes in marketing the product.