Attorneys representing plaintiffs in the federal valsartan litigation indicated that the drug makers have not preserved recalled pills properly, possibly spoiling or destroying important evidence about contaminated versions of the blood pressure drug.
On January 14, a letter was sent to U.S. Magistrate Judge Joel Schneider, stating that the recalled valsartan pills have been destroyed, and asking the court to intervene. The Plaintiffs attorneys are asking the court to issue an order reiterating the drug makers’ obligations to preserve evidence.
In response to the letter, the drug makers attorneys argued that the preservation requests by the plaintiffs are asking them to violate federal law, which has strict rules on the retrieval of recalled products and what should happen with the pills. The letter indicates that the plaintiffs want every manufacturer, wholesaler, and pharmacy to use significant resources to preserve and store every valsartan pill.
On January 16, Magistrate Judge Schneider issued a new order indicating several discovery problems but did not directly address the preservation of the pills. However, the order reiterates that any communications between defendants and the FDA regarding the pills and recalls within seven days of them being sent or received should be given to the plaintiffs. The issue is expected to be discussed in the next status conference scheduled for January 28.
