Metformin Class Action Lawsuit Filed Over Cancer Risks

A class action lawsuit filed in the Supreme Court of British Columbia alleges medications containing metformin sold in Canada could cause cancer with long-term exposure.

Plaintiff Wayne Liptrot filed the metformin class action lawsuit in April on behalf of himself and a proposed Class of Canadians who ingested, purchased and/or were prescribed metformin contaminated with the impurity N-nitrosodimethylamine (NDMA).

Metformin is an active pharmaceutical ingredient used to treat high blood sugar in patients with type 2 diabetes. In Canada, metformin is available by prescription under a variety of generic brands.

According to the metformin class action lawsuit, NDMA was detected in metformin products that were manufactured, distributed and sold by Apotex Inc., Jamp Pharma Corporation and Ranbaxy Pharmaceuticals Canada Inc.

NDMA has been classified as a potential human carcinogen that could cause cancer in humans with long-term exposure.

However, NDMA is not listed as a component of metformin medications and the possible cancer risk associated with NDMA exposure is not listed as a risk to consumers, the metformin class action lawsuit says.

In February, Health Canada advised that Apotex and Ranbaxy were recalling some of their prescription metformin drugs from the Canadian market because they contained levels of NDMA that were above the acceptable limit. In March, JAMP also issued a voluntary recall of prescription metformin drugs from the Canadian market because of the potential presence of NDMA.

Health Canada reportedly notified consumers in December that it was investigating the potential presence of NDMA in metformin products after it was reported that metformin products sold outside of Canada contained NDMA at levels that were above the acceptable limit.

Wayne says he was prescribed RAN-Metformin 500mg in 2017 and continued to take the medication until he became aware that it was impacted by the metformin recall earlier this year. According to the metformin class action lawsuit, he would not have taken the drug if he had known it contained a possible human carcinogen.

If he had been provided accurate information and warnings about the metformin medication, Wayne says he could have potentially taken alternative metformin products that are available in Canada and do not contain NDMA.

The metformin class action lawsuit asserts the defendants had a duty of care to ensure the drug was safe and effective for its intended use. Wayne alleges the defendants were negligent because they failed to implement adequate quality control testing when manufacturing the drug, and that they put the drug on the market even though they should have known that the metformin cancer risks outweighed the drug’s potential benefits.

Additionally, Wayne alleges the defendants failed to issue a timely metformin recall once they became aware of the potential metformin cancer risks. He alleges the defendants failed to recall the metformin products until regulators such as Health Canada and the U.S. Food and Drug Administration published concerns about the drug.

According to the metformin class action lawsuit, Wayne has suffered an increased risk of developing cancer and/or organ damage, serious mental distress, the cost of purchasing the medication that was allegedly putting him at an increased risk of cancer, and other damages.

Wayne says he has incurred general damages for the tort of battery, and special damages for the cost of medical monitoring and medical tests.

The metformin cancer class action lawsuit asserts claims for unjust enrichment, alleging that the defendants “have profited and benefited from Metformin purchases which would not have been made but for the unlawful conduct.”

Wayne says that he and other Class Members willingly ingested the metformin drug but they did not know that it contained carcinogens.

“The Plaintiff and Class Members would not have ingested the Metformin if they knew they were also ingesting carcinogens, and as such, did not consent,” the metformin cancer class action lawsuit alleges.

Now, he and the other Class Members are faced with long-term health concerns, Wayne says. They “have suffered injuries which are permanent and lasting in nature, including diminished enjoyment of life, as well as the need for lifelong medical monitoring and/or treatment.”

Wayne argues that punitive damages are warranted because the defendants “have conducted themselves in a high-handed, wanton and reckless manner, and without regard to public safety.”

He says that a punitive damage award is necessary to appropriately condemn the defendants’ conduct, to achieve deterrence from similar future acts, and to advance public safety.

What do you think about the metformin cancer class action lawsuit? Should consumers have been warned earlier about the possible cancer risk? Tell us your thoughts in the comment section below! 

Wayne is represented by Charney Lawyers PC and Rice Harbut Elliott LLP.

The Apotex Metformin Class Action Lawsuit is Wayne Liptrot v. Apotex Inc., et al., Case No. VLC-S-S-204471, in the Supreme Court of British Columbia, Canada.

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