BELLEVILLE - A drug manufacturer faces a lawsuit over its production and sale of a heart medication.
The suit, filed Feb. 18 in St. Clair County Circuit Court, centers on the medication, Diovan HCT, which allegedly contains certain ingredients identified as probable carcinogens by the Food and Drug Administration and other agencies.
Lisa Maxton is linking her use of the medication to treat hypertension to a diagnosis of cirrhosis of the liver in March 2018.
She claims the producer of the medication, Novartis and related entities, are guilty of negligence and strict product liability for knowingly manufacturing and selling a drug that is dangerous to the public.
"We have no comment," Jamie Bennett, director of media relations of Novartis, told the Record.
The FDA, in the summer of 2018, announced that certain batches of valsartan, a receptor blocker that helps treat hypertension and high blood pressure, were contaminated with probable carcinogens known as NDMA and NDEA. The batches were produced in certain factories. Further announcements were made relating to valsartan through 2019.
Maxton, whose husband Jon is also suing for loss of consortium, claims she could not have known until well after March 2018, of the alleged dangers linked to the drug and, therefore, the statute of limitations does not apply. She took the drug in January 2016 until her physician instructed her to stop taking it in September 2017.
At no time prior to the discovery of the alleged wrongdoing was the plaintiff told by her doctors that the use of the drug may have contributed to her liver injuries, according to the suit.
Under the strict liability count, the plaintiff alleges that the company manufactured and sold a defective and unreasonably dangerous product. It also allegedly failed to issue adequate warnings.
As a result, Maxton allegedly suffered serious and dangerous side effects including serious liver injures.
The company is accused of being negligent for failing to take ordinary care when designing, manufacturing, and selling the medication, with the complaint adding its actions reveal a "reckless disregard for human life and safety."
The plaintiff and her husband are seeking more than $75,000 in damages along with a punitive award. They are represented by Michael P. Murphy of Freeark Harvey & Mendillo in Belleville.
St. Clair County Circuit Court case number 2020-L-0149