Women who have experienced prolonged hair loss after completing chemotherapy treatment may be eligible for compensation from the drug manufacturer.
With prescriptions written for nearly 75% of all breast cancer patients, Taxotere (docetaxel) has been noted as the most frequently used breast cancer drug in its class. Since 2004, drug sales have skyrocketed to about $1.4 billion annually for the company.
Permanent hair loss is considered uncommon in chemotherapy treatment as in most cases, hair grows back 3-6 months after treatment. Studies show, however, that with Taxotere there is an increased risk of permanent hair loss that can occur anywhere on the body.
Ami Dodson, plaintiff, claims in a lawsuit filed in March that the company has known since possibly the late 1990’s that 9.2 percent of people who used the drug had experienced hair loss for a duration of more than 10 years. Dodson says these study results were deliberately hid from the public and instead the company kept the warning vague, stating instead that “hair generally grows back.”
The lawsuit also alleges that a scheme by the company to promote sales and downplay risks of the drug began when the drug was first approved by the FDA in 1996. First, that Sanofi trained employees to expand the market by misrepresenting effectiveness and safety of off-label use and then, that kickbacks were paid to medical professionals who would prescribe the drug. As a result, sales jumped from $424 million in year 2000 to $1.4 billion in 2004.
“Although women might accept the possibility of permanent baldness as a result of the use of Taxotere if no other product were available to treat their cancer, this was not the case,” Dodson said. “There were already similar products on the market that were at least as effective as Taxotere and did not subject female users to the same risk of disfiguring permanent alopecia.”
In the Eastern District of Pennsylvania, an ex-Sanofi employee has filed a whistleblower lawsuit alleging engagement in fraudulent marketing by the company and kickbacks paid relating to Taxodere (U.S. ex rel. Gohil v. Sanofi-Aventis U.S. Inc., Civil Action No. 02-2964).
The most recent lawsuit against the company with regard to Taxotere is in early stages and the drug has not been recalled. The company has not yet responded to the allegations and is potentially facing thousands of lawsuits by women across the United States.
