People who suffered alopecia (permanent hair loss) after taking the chemotherapy drug Taxotere (docetaxel) may be able to sue the drug's maker for negligence. Victims may be entitled to sizey compensatory damages for:
Taxotere victims in Nevada have two (2) years to bring a negligence lawsuit following the hair loss. In rare cases, Taxotere has also been linked to the potentially fatal condition neutropenic enterocolitis.
In this article, our Las Vegas personal injury attorneys answer frequently-asked-questions about Taxotere lawsuits in Nevada, including negligence claims, standards of proof, and statutes of limitations. Click on a topic to jump to that section:
- 1. What can I do if I lost my hair from Taxotere in Las Vegas, NV?
- 2. What money can I get if I lose my hair from Taxotere in Las Vegas, NV?
- 3. Whom can I sue for my Taxotere injuries in Las Vegas, NV?
- 4. How do I prove a Taxotere claim in Las Vegas, NV?
- 5. When can I sue after my Taxotere injuries in Las Vegas, NV?
- 6. What is Taxotere used for?
- 7. Has Taxotere been recalled?
- 8. Taxotere resources
Patients who permanently lose their hair from taking Taxotere may have a legal cause of action against the drug's manufacturer for negligence. In order to win a negligence lawsuit, the plaintiff (victim) needs to demonstrate the following four elements:
- The defendant(s) owed the plaintiff a duty of care;
- The defendant(s) breached this duty;
- This breach caused the plaintiff's injury; and
- This injury resulted in damages.
A negligence lawsuit against Taxotere's manufacturer would argue that the defendants neglected to inform doctors and patients that permanent hair loss is a potential side effect of the drug. Therefore, this breach caused the patients to make an uninformed decision to take the drug, which in turn caused them permanent hair loss. Had the manufacturer given a proper warning, the physician instead would have prescribed Taxol, which does not cause hair loss.
1.1. Taxotere injuries
A small percentage of Taxotere users suffer permanent alopecia, which is the medical term for hair loss.
Another potential side effect, which is rarer but can be fatal, is neutropenic enterocolitis; this when the pouch in the large intestine gets inflamed.
It may be possible to recover the following compensatory damages in a Taxotere lawsuit:
- Medical bills related to the Taxotere injuries (such as for alopecia treatments),
- Pain and suffering arising from the Taxotere injuries,
- Lost wages and future earnings (if the hair loss negatively affected the plaintiff's livelihood), and/or
- Punitive damages (if applicable)
While hair loss may sound like a purely cosmetic issue, it can gravely impact the patient's quality of life and therefore his/her survival.
Taxotere victims may be able to sue Taxotere's manufacturer, Sanofi-Aventis.
Typical evidence that Taxotere plaintiffs produce include:
- Medical records, showing that the plaintiff has suffered permanent hair loss;
- Expert medical testimony, making the link from the plaintiff's use of Taxotere use to his/her hair loss
- Taxotere marketing materials that do not list permanent hair loss as a possible side effect
In order to win a Nevada negligence case, the plaintiff has the burden to prove by a "preponderance of the evidence" that the defendant committed negligence. This means that the plaintiff needs to show that it is "more likely than not" that the defendant was negligent. Learn more about proving negligence in Nevada.
Victims have two (2) years after they suffer hair loss from Taxotere to sue for negligence.
FDA approved in 2006, Taxotere is a chemotherapy drug that is administered via intravenous infusion. Doctors prescribe it to help fight:
- breast cancer
- stomach cancer (in advanced stages)
- metastatic prostate cancer
- non-small cell lung cancer, and
- head and neck cancer
Doctors typically use Taxotere with other drugs. It is an anti-mitotic agent (stops cells from dividing). Doctors usually administer Taxotere once a month for an hour.
No. Though the FDA in 2015 required Taxotere to bear a warning label that discloses the risk of permanent hair loss.
- FDA Taxotere information
- Supportive Care in Cancer - article on post-infusion scalp cooling
- Breast Cancer Research and Treatment - article on hair loss
Call a Nevada personal injury attorney...
Have you suffered permanent hair loss after taking Taxotere in Nevada? Our Las Vegas personal injury attorneys will fight to win you a substantial financial settlement. Call us at 702-DEFENSE (702-333-3673) for a FREE consultation. You pay us nothing unless we win your case.
- See, e.g. Scialabba v. Brandise Const. Co., 112 Nev. 965, 921 P.2d 928 (1996).
- FDA Taxotere information.
- NRS 11.190.
- Taxotere official site.
- See FDA Taxotere information.