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A failure to warn claims occur when a company knows or should know about a risk associated with their product and the company fails to warn the consuming public about the dangers associated with it. If you have been injured by taking this dangerous drug, contact a Winston-Salem lawyer to see if you can file a Taxotere failure to warn claim.

What is most significant is that women should have been given a choice between Taxol and Taxotere, since one was essentially as effective as the other, with knowledge that one drug had a risk of permanent hair loss, which is a more extreme side-effect.

Successful Claims

To ensure a successful Taxotere failure to warn claim, there needs to be information that the company knew or should have known about the dangers associated with the product, but failed to warn users. This information may include public information that the company, in this case, Sanofi, knew or should have known of the dangers, such as published studies from reliable sources and/or internal documents or communication discussing the dangers. Attorneys that represent the people who have been injured by the products and drugs would file a failure to warn claim and be able to search for that information.

Black Box Warnings

A black box warning is typically used for the most likely and the most dangerous side-effects of a drug. The black box warning is placed on the patient counseling guide which can be 10 or more pages long. People generally do not read all of the possible scenarios listed within the guide, so the black box warning is an actual black box on the first page that is more attention-grabbing.

There was an issue with Taxotere’s black box warning regarding the potential risk associated with taking it. Until 2010, Taxotere had a comment in the counseling guide that hair generally grows back. From 2010 to 2015, that comment was removed, but permanent hair loss was not addressed in the black box or elsewhere in the patient counseling guide. In January 2016, Sanofi finally updated Taxotere warnings to include permanent hair loss and the importance of a discussion with a cancer patient’s oncologist.

Current Promotion of Taxotere

Drug makers may continue to promote the medication even though there were concerns regarding with its safety, however, this may remain unconfirmed until the public obtain documents and discovery. There is some public information, as far back in 2005, that the company knew or should have known about the dangers of permanent hair loss from Taxotere.

Compensation Available

The biggest compensation award available from a Taxotere failure to warn claim will likely be because of the permanent injury, the psychological injury, and the significant impact that this loss may have on women with permanent hair loss.

Typically, when there is a personal injury loss, an individual has medical expenses, lost wages, and then pain and suffering. Here, medical expenses include wigs, dermatology appointments, and/or medication used in an attempt to regrow the hair. Those expenses are one form of the damages.