On Wednesday a products liability case against Actavis was removed from the Circuit Court of Cook County, Illinois to the Northern District of Illinois. Originally, the case was filed by Ellen Beasley against Actavis as well as Sagent Pharmaceuticals Inc. regarding side effects of the defendant’s Docetaxel Injection.
According to the complaint, Docetaxel Injection is a chemotherapy drug which includes taxenes, a drug derived from yew trees said to the multiplication of cancer cells by over-stabilizing the structure of the cell, preventing the cell from breaking down and reorganizing for reproduction.
This drug was originally approved for treatment of metastatic cancers, but was later approved for treatment with longer term survivability, per the complaint. After this enhanced approval, a side effect of the drug was noted of permanent scarring to the lacrimal (tear duct) system, which resulted in permanent eye watering unless there is localized intervention by an ophthalmic specialist.
The plaintiff noted that the warnings on the packaging for the product did note transitory issues, but did not mention the possibility of permanent side effects, nor the possibility of prevention of the side effects with intervention by a specialist.
The plaintiff is suing for failure to warn, intentional and negligent misrepresentation, negligence, and fraudulent concealment. Plaintiff is represented by Kelleher & Holland LLC. Defendant Actavis is represented by Ulmer & Berne.
