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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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51 thoughts onMetformin Class Action Lawsuit Filed Over Cancer Risks
I’ve been taking Metformin for years. I was having abdominal pain. I continued to take it. The doctor took me off one metformin and put me on another kind.(rapid release). I took myself off it. I still have abdominal pain.
I took metformin. For a few years. And had bad liver reactions. And was treated. But my pancreas is messed up.
Yes, I’ve been taking metformin. Extended release. For quite some time. I had some serious liver damage. And I was treated. But my liver is still has bad numbers. I also have stomach problems. And weight loss problems due to my. Immune system.
Yes add me to the list, on metformin since 2004!
Thanks ?
My husband has passed away 08/2019. Prior to that he had been on Metformin for at least 10 yrs. he had bladder cancer
My husband also took metformin for about 20 years in 2017 he was switched to jamp metformin brand and in late December 2018 was diagnosed with fatty liver and in January he developed 3 cancer tumors on his liver and he passed away on February 12 2019. Any information you could pass on to me if you are part of this class action lawsuit I would appreciate. I feel your loss and your pain. I am so sorry for you having to experience the same as I and my family did.
Thank you for any help in advance.
Sincerely Veronica
my wife passed away from pancreatic cancer i’m her husband of 37 years she was metformin for years and years and she got dignosed with pancreatic aproximately two years ago so i feel i’m her voice now so can i add her to the class action law suit
and if so that would a good thing
I took met flrman for10 years at least . I had to auit taking it. E ause of renal faure. Was in hospital fir 10 says and had 2 manor neprox opy hes in my body. If i didnit i wouldneeddialysis.ha. had manor urinary tract infectoin all the time fungus i cection fkr 2 and half yrs and sepsis 2x inhospital. I even had m
I have been taking metformin for yrs. my dr took me off them when I kept telling her that every time I ate I would have to go to the bathroom. Ten min. Later?? Is it just the time release drug that’s effected or is it any of this drug?? Is it certain manufacturers?? I need more info.
I was prescribed metformin about 20 years ago. In 2019 I lost a kidney tocancer. I have since been diagnosed with CLL. I am presently taking chemo/immunotherapy treatments,
Please add me to your list.
My wife is taking metformin hydrochloride 500 mg.
Add me to your list have been taking Metformin since 2004 and would never have taken any carcinogen had I been advised