On February 8, 2023, Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey appointed Lieff Cabraser partner Rachel Geman as one of Class Counsel for the Medical Monitoring class in In re Valsartan, Losartan, and Irbesartan Products Liability Litigation, No. 19-2875 (RBK/SAK).
The Valsartan MDL arose from an extensive Food and Drug Administration recall in the U.S. of generic hypertensive, prescription drugs ( “Valsartan”) that occurred after the FDA discovered that these valsartan drugs sold in the U.S. were contaminated with probable genotoxic human carcinogens in the form of nitrosamines. Plaintiffs allege that the contaminations resulted from defendants’ violations of state law and good manufacturing practices, and that defendants engaged in misconduct justifying the creation of a medical monitoring protocol to protect vulnerable consumers.
Following rigorous analysis of a fact record and expert testimony, Judge Kugler certified a Consumer Economic Class and a Third Party Payor class (e.g., insurers who paid for or reimbursed consumers for the medication), as well as Medical Monitoring classes. Specifically, the Court certified a Rule 23(b)(3) (“opt-out”) Class of Medical Monitoring as an Independent Claim, and a Rule 23(b)(2) (cohesive) Class of Medical Monitoring as a Remedy. The Court is requiring amendments to proposed subclasses, and also denied another class without prejudice.
“We are grateful for the Court’s close attention in this important case,” noted Ms. Geman, “and look forward to litigating claims on behalf of the classes.”
About Rachel Geman
Rachel Geman is a partner in Lieff Cabraser’s New York office and the Chair of the firm’s False Claims/Qui Tam practice group. Her practice is dedicated to representing whistleblowers, employees, and consumers in complex class action and False Claims Act matters. Rachel is also a pro bono community mediator.