ST. LOUIS - Gregory Fitch, as the surviving spouse of Elizabeth Hey-Fitch, filed a federal complaint on August 31 in the Eastern District of Missouri against Novartis Pharmaceuticals Corporation for wrongful death, strict liability and negligence in regards to the known risks associated with Tasigna.
According to the complaint, Tasigna is a prescription medication used to treat adults who have CML. CML is a cancer which starts in blood-forming stem cells of the bone marrow, where a genetic change occurs in the stem cells that form, among other things, most types of white blood cells.
Tasigna is part of a group of treatments known as tyrosine-kinase inhibitors (TKIs), which block chemical messengers in the cancer cells called tyrosine kinases, thus inhibiting their growth and division. As part of the commercial imperative to switch patients to Tasigna, Novartis promoted Tasigna as a better and safer alternative to Gleevec and other competitors for CML, the suit says.
The lawsuit alleges that in doing this, Novartis engaged in aggressive, and, at times, unethical and illegal marketing of Tasigna by misrepresenting that Tasigna was approved as a first-line therapy for CML, when it had only been approved for second-line therapy. Another alleged unethical practice, beginning in at least 2007, involved Novartis paying illegal kickbacks disguised as rebates and discount payments to specialty pharmacies in exchange for recommending to patients, doctors, and other healthcare managers the ordering and refilling of Tasigna, according to the lawsuit.
The lawsuit says that Tasigna causes dangerous conditions, including several forms of severe, accelerated and irreversible atherosclerotic-related conditions. These atherosclerotic related conditions include peripheral arterial occlusive disease, coronary atherosclerosis, and cerebral and carotid atherosclerosis. These conditions are life-threatening and lead to amputations, heart-attacks, strokes, and death.
Fitch alleges that his wife was not told about the possible adverse effects that ultimately caused her death.
Fitch is represented by James F. Onder or OnderLaw, LLC.
U.S. District Court Eastern District of Missouri case number 4:21-cv-01084-SRC