Herceptin Class Action Lawsuit

Mislabeled dosages sold to medical providers

Herceptin Mislabeled Dosage Class Action Lawsuit

The Herceptin class action lawsuit is being filed on behalf of medical providers, hospitals, and other medical professionals who purchased Herceptin and received inaccurate dosages.

Roche and Genentech, manufacturers of the drug Herceptin, have been sued for mislabeling the dosage of delivered cancer drugs.

Herceptin Mislabeled Dosage Class Action Lawsuit; Herceptin Class Action Lawsuit; Herceptin Mislabeled Dosage Lawsuit; Herceptin wrong Dosage Lawsuit

Plaintiffs accused Genentech and Roche of under filling vials or otherwise disrupting the drug’s concentration.

Used primarily to treat metastatic breast cancer, an incorrect dosage of Herceptin can put patients at a severe risk.

Frequently Asked Questions

Attorneys are currently investigating the viability of a potential Herceptin class action lawsuit related to reports of drug dosage mislabeling.

No. This class action will be primarily filed on behalf of medical service providers who purchased inaccurately labeled Herceptin vile supplies.

Table of Contents

What is the Herceptin Lawsuit?

Multiple healthcare agencies, cancer centers, and a hospital filed complaints against Roche and Genentech in 2016 for delivering vials of the drug Herceptin to their facilities that, when mixed with a liquid, failed to produce the correct concentration or dosage of the drug.

Genentech is a South San Francisco, California based biotech company. Roche Holding AG is based in Switzerland.

Why did Healthcare Providers take Legal Action?

Doctors said the the volume indicated on the label did not equal the amount rendered when preparing the drugs for treatment, which forced them to have to purchase more.

Herceptin’s active ingredient, trastuzumab, is refined by scientists and frozen for shipping. When the cancer drug are delivered to healthcare facilities, its concentration per dose is supposed to remain within the FDA-approved range.

Two of these plaintiffs wanted to form a class action lawsuit against Genentech.

What is the Status of the Lawsuit?

The original complaints were consolidated and transferred to the U.S. District Court of Northern Oklahoma.

Genentech quickly moved for a summary judgment, contending that the plaintiffs’ state law claims are preempted by federal law, which the court accepted.

Group of Lawsuits Reinstated in 2020

In May 2020, the Federal Appeals Court for the 10th Circuit reversed this decision, reinstating the suit.

Through this decision, the circuit court will allow for further discovery regarding the consistent manufacturing process of the drug, whether medication was truly mis-labeled, if the company is failing to provide warning on incorrect dosages, and if mistakes have been left unchanged.

The “Genentech, Inc., Herceptin (Trastuzumab) Marketing and Sales Practices Litigation” (MDL 2700) docket is still pending, with 14 plaintiffs involved according to the Judicial Panel on Multidistrict Litigation.

What is Herceptin?

Herceptin is a cancer drug, used for treatment of multiple types of the disease, primarily breast cancer. The FDA issued approval for the drug in 1998.

In 2017, the FDA approved a generic version of Herceptin, called Ogivri.

How Does the Drug Herceptin Work?

Herceptin is an “inhibitor targeted therapy“, meaning the drug blocks cancer cell receptors of particular types of breast cancer from receiving chemical signals that influence them to grow further.

The drug has been a useful breast cancer treatment, especially for HER2 positive breast cancer and late stage or metastatic breast cancer.

Possible Side Effects of Herceptin

Herceptin may affect patients in different ways depending on the type of cancer and its stage, similar to other cancer treatment and chemo drugs. Patients taking Herceptin may experience side effects listed on the warning label, including:

  • Fatigue
  • Joint pain
  • Diarrhea
  • Injection site reaction
  • Upper respiratory tract infection
  • Rash
  • Muscle pain
  • Nausea

Heart Damage and Herceptin

Herceptin possible side effects may also include a significant increase in the risk of heart problems or heart failure, which are included on the warning label.

These heart problems include, but are not limited to:

  • Congestive heart failure
  • Heart damage
  • Cardio toxicity
  • Heart muscle damage

Heart problems and Herceptin have only been recently linked in the past few years: a study of a small group of breast cancer patients taking Herceptin were found saw a significant increase in risk of heart problems, heart damage, and heart failure.

Cardio toxicity can be a side effect of cancer and chemotherapy medications like Herceptin. Cardio toxicity resulting from chemotherapy or cancer medication damages the heart muscle and valves, and can potentially lead to severe pain, heart failure, and even death.

Support for Cancer Patients: General Information

Treating cancer is difficult from all angles. Whether you are a patient, family member of a patient, care provider, or in any way affected by a loved one’s diagnosis, cancer is a monumentally scary and painful disease to cope with.

As a patient, always listen to your primary doctor and pay as much attention as possible to information regarding your medication and dosage levels.

Do not hesitate to reach out for support and help throughout your diagnosis. Support networks available for cancer patients include:

About TorHoerman Law

If you are taking Herceptin, your healthcare provider may be part of the group involved in the lawsuit against Genentech and Roche.

The potentially negligent actions of a company that provides vital medication for the treatment of cancer must be held under legal scrutiny, both by plaintiffs and by the FDA if necessary.

Even the slightest mistakes in manufacturing processes could mean a significant increase in the risk of injury or death to patients.

Contact our firm for more information regarding this ongoing litigation.

Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

Share

CLIENT REVIEWS

quotation
Tom Lewis

TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.

quotation
Jordan Terry

TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.

quotation
Dave Woodley

All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.

quotation
Jordan Butler

I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!

quotation
Maddy Moeller

Top-notch, hardworking attorneys!

quotation
Karen Hersman

A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!

quotation
Angel Truesdale

They contacted me the next day. Very nice people!

We'll Help You Balance The Scales of Justice

We're ready to fight for you. We're ready to be your ally. And we're ready to start right now.

Dont' waste time, contact our law offices today.

Edwardsville, IL

Chicago, IL

St. Louis, MO

Disclaimer: The contents of this webpage have been prepared by TorHoerman Law, LLC for informational purposes only. None of this information is intended as either legal or medical advice or opinions. No attorney/client relationship is established with use of this website. Sending or receiving information through this site, posting to our blogs/news site does not establish an attorney/client relationship. An attorney/client relationship with TorHoerman Law is established only by an express and written agreement by TorHoerman Law to represent you. Our attorneys make a case-by-case assessment of any claims and results may vary depending on the facts concerning any case. The attorneys at TorHoerman Law are licensed to practice in Illinois, Missouri, and California. In some circumstances, cases may be sent to other qualified lawyers. In those circumstances, TorHoerman Law maintains joint responsibility.