Proving Liability

To receive FDA approval, a drug must undergo substantial clinical trials. The makers of the drug must disclose the result of any safety tests and potential side effects.

It is suspected that Sanofi, the creators of Taxotere, was not entirely truthful in these disclosures. People who have taken Taxotere have reported that their hair loss has become permanent, but Sanofi—a French company—provided no disclosure to their American market despite providing these warnings in Europe and elsewhere around the world.

Since Sanofi did not disclose this side effect, they could be held liable for any permanent damage done to a patient. A seasoned Lafayette personal injury attorney could help investigate a plaintiff’s case and determine whether their injuries are connected to taking Taxotere.

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Pursing a Claim for Damages

The makers of all consumer products have a legal duty to warn their customers of all known dangers and side effects associated with using their products as intended. Individuals who suffer harm because of a failure to disclose such information may have the right to demand compensation for their losses.

To prevail in a product liability claim, plaintiffs must prove that the defendant knew or should have known about the dangers associated with their products. Since Sanofi did not disclose to American consumers the risks of permanent hair loss that accompany taking their product, a Taxotere lawyer may be able to build a strong case for compensation.

However, proving these claims can be difficult. They often require an in-depth analysis of a person’s medical records, the testing results that a defendant provided to the FDA, and multiple depositions, all of which can become overwhelming for an individual.

You can speak with a Lafayette personal injury lawyer to help you pursue compensation.

Fortunately, people may be able to pursue their claims through a mass tort. A mass tort claim can allow plaintiffs who have similar claims against a common defendant to share resources. According to Federal Rule of Civil Procedure 23, mass tort plaintiffs must demonstrate that:

  • They share a common defendant
  • That the facts of their claims are substantially similar
  • That joining the claims traditionally would be prohibitively difficult

Another benefit to a mass tort is that plaintiffs may still demand their own personal damages. Every plaintiff would have their day in court to present evidence and demand proper compensation.

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Contact a Taxotere Attorney Today for Help

Sanofi SA may have misled American consumers by not disclosing the possibility of permanent hair loss after taking their chemotherapy drug Taxotere. This failure to disclose information violates various laws nationwide.

This problem is so prevalent that plaintiffs like yourself may be able to join their cases into a mass tort. These claims allow you to share evidence, expert witness reports, and defendant depositions to expedite the claims process. Contact a Taxotere lawyer today to learn more about how you may be entitled to compensation.

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