Taxotere Wrongful Death Claim
Wrongful death is when the negligence of a person or a company causes the death of another person. The wrongful death statute allows the personal representative of the decedent to pursue a civil cause of action for damages for the death caused by the negligence, which should be separate and apart from any criminal liability like prison time, loss of freedom, or other criminal penalties that might be related to the same incident.
A Taxotere wrongful death claim is brought against the manufacturer, Sanofi, due to their negligence in informing consumers and the FDA of the potential side effects as well as inflating its likelihood of success compared to its competitors, Taxol.
A Taxotere wrongful death lawyer is important to protect the rights of the deceased. A Winston-Salem Taxotere attorney is aware of the proof needed to establish a legitimate claim, the time limitations that apply, and the best course of action to process the case.
Bringing a Wrongful Death Claim
The next of kin of the deceased can contact an attorney to discuss the potential claim. Before an individual can file a lawsuit, that individual needs to have opened an estate and appointed someone to serve as administrator.
In order to bring forward a legitimate Taxotere wrongful death claim, the individual must have died as a result of the drug, Taxotere. To date, Taxotere is only known to cause permanent hair loss, which is unlikely to lead to a wrongful death case. However, if someone has died as a result of taking Taxotere, the lawsuit is possible.
Typically, a family’s involvement in the wrongful death claim process varies. Since the wrongful death statute allows the heirs to recover damages for the loss of society and companionship of the decedent, these cases involve trying to learn the depths and the character of that relationship between the family members and the decedent.
Unlike other cases when a client is present and can tell what happened, attorneys do not have the decedent’s point of view or their version of their story. The challenge for the attorney of a Taxotere wrongful death claim is in collecting the evidence from as many objective sources as possible, including eyewitnesses, documents, photographs, video footage, and anything else that help to establish their relationship.
Length of the Lawsuit
In North Carolina, there is a two-year statute of limitations on wrongful death cases in order to bring them forward. So, it just depends on the particular facts of the case and whether there are any legal defenses that could be brought against the claim.
The wrongful death claim will be completed fully when the money has been disbursed to the heirs.
Studies Confirming Sofitel’s Negligence
The studies are important because they can establish that the pharmaceutical company was or should have been aware of a significant side-effect before cancer patients used the product, but failed to warn of those side-effects until the FDA required it. In a study from the Denver Cancer Center, there was 6.3% permanent hair loss in women that were given Taxotere as opposed to a 0% permanent hair loss in women that were given Taxol.
In 2005, the European Medicine Agency, Europe’s version of the FDA, found that there was a 9% incident of permanent hair loss with women who are given Taxotere. Canada’s FDA equivalent also noticed permanent hair loss in women that were given Taxotere. Those are indications that the company had actual knowledge or should have known that their drug was capable of causing permanent hair loss.
Additionally, studies have not shown that Taxotere is more effective at fighting breast cancer than Taxol, as the company advertised.