{"id":8310,"date":"2020-11-03T13:47:23","date_gmt":"2020-11-03T18:47:23","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/fda-finds-cancer-causing-agent-in-metformin\/"},"modified":"2020-11-03T13:47:23","modified_gmt":"2020-11-03T18:47:23","slug":"fda-finds-cancer-causing-agent-in-metformin","status":"publish","type":"post","link":"https:\/\/www.napolilaw.com\/article\/fda-finds-cancer-causing-agent-in-metformin\/","title":{"rendered":"FDA Finds Cancer-Causing Agent in Metformin"},"content":{"rendered":"<p>The sudden recall of a popular diabetes drug because of NDMA contamination (cancer-causing agent) creates a cloud over the Food and Drug Administration\u2019s entire review process.<\/p>\n<p>Time-Cap Labs Inc.\u2019s generic drug is used to treat Type 2 diabetes. Its lower cost makes it a popular alternative to brand-name drugs.<\/p>\n<p>When the most recent test results showed <a href=\"https:\/\/www.fda.gov\/safety\/recalls-market-withdrawals-safety-alerts\/marksans-pharma-limited-issues-expansion-voluntary-nationwide-recall-metformin-hydrochloride#recall-announcement\" target=\"_blank\" rel=\"noopener\">additional NDMA contamination<\/a>, the FDA expanded a June 2020 recall to include two additional lots, as apparently, the company failed to take effective steps to stop the contamination.<\/p>\n<p>Most of the recalled lots have expiration dates in 2021 or 2022.<\/p>\n<h2>Recall Conflict of Interest?<\/h2>\n<p>The FDA, which is charged with ensuring drug safety, gets <a href=\"https:\/\/www.propublica.org\/article\/fda-repays-industry-by-rushing-risky-drugs-to-market\" target=\"_blank\" rel=\"noopener\">75 percent<\/a> of its funding from the drug and other companies it regulates. That\u2019s like football teams paying the game referees.<\/p>\n<p>The so-called \u201cdrug lag\u201d routinely made headlines in the waning years of the twentieth century.<\/p>\n<p>Most European countries approved new drugs at least a year faster than the FDA. So, this matter was partly a health and safety issue and partly a national pride issue.<\/p>\n<p>Politicians were determined to close the gap. They were equally determined not to raise taxes so the FDA could hire more inspectors.<\/p>\n<p>User fees seemed like a good idea at the time. Almost immediately, the FDA worked through its backlog. It approved a record number of drugs in 1996.<\/p>\n<p>User fee requirements steadily increased from $208,000 per new drug application in 1995 to $2.5 million per NDA in 2018.<\/p>\n<p>In exchange for these payments, the FDA agreed to decrease review times to as little as six months. Such a brief review time leaves regulators no time to fully investigate the drug.<\/p>\n<h2>N-Nitrosodimethylamine Contamination<\/h2>\n<p>NDMA contamination usually happens when medicine is stored at room temperature for too long. And, most drugs spend lots of time at room temperature.<\/p>\n<p>NDMA, which is also common in cured meats, drinking water, and rocket fuel, is a probable carcinogen. There are no human trials linking N-Nitrosodimethylamine to cancer, but hundreds of laboratory studies confirm the connection.<\/p>\n<p>That\u2019s certainly enough to establish a link by a preponderance of the evidence (more likely than not), which is the burden of proof in civil court.<\/p>\n<h2>Your Claim for Damages<\/h2>\n<p>Many product liability claims arise from the Uniform Commercial Code\u2019s <a href=\"https:\/\/www.law.cornell.edu\/ucc\/2\/2-314\" target=\"_blank\" rel=\"noopener\">implied warranty<\/a> provision. Under Section 2-314, all new goods sold must meet or exceed certain standards, including:<\/p>\n<ul>\n<li>Fair average quality,<\/li>\n<li>Fit for ordinary purpose,<\/li>\n<li>Conform with the label\u2019s affirmations or promises, and<\/li>\n<li>Be adequately packaged.<\/li>\n<\/ul>\n<p>Any of these bullet points could apply to NDMA-laced medicine.<\/p>\n<p>The adequate packaging requirement might be the most applicable item. There is a relationship between shelf life and NDMA contamination.<\/p>\n<p>Therefore, manufacturers should instruct retailers to destroy any unsold product within a few days.<\/p>\n<p>As for establishing the harm, attorneys usually partner with medical experts to provide the necessary testimony.<\/p>\n<p>Recovery in a dangerous drug claim usually includes compensatory damages for things like medical bills and emotional distress, as well as additional punitive damages.<\/p>\n<p>These additional damages are the best way to convince drug companies to stop putting profits before people.<\/p>\n<p>Drug poisoning victims are entitled to substantial compensation.<\/p>\n<p>For a free consultation with an <a href=\"\/contact-us\/\">experienced New York personal injury attorney<\/a>, contact Napoli Shkolnik, . We do not charge upfront legal fees and the initial consultation is free.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The sudden recall of a popular diabetes drug because of NDMA contamination (cancer-causing agent) creates a cloud over the Food and Drug Administration\u2019s entire review process. Time-Cap Labs Inc.\u2019s generic&#8230;<\/p>\n","protected":false},"author":3,"featured_media":8311,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[776],"tags":[875,917,918,926,971,972,978,1025,1026],"class_list":["post-8310","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pharmaceutical-litigation","tag-bad-drugs","tag-pharmaceutical-lawsuit","tag-pharmaceutical-lawyers","tag-pharmaceutical-law","tag-health-and-safety","tag-fda-recall","tag-fda-warning","tag-metformin","tag-healthcare"],"acf":[],"page_builder_type":"classic","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/posts\/8310","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/comments?post=8310"}],"version-history":[{"count":0,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/posts\/8310\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/media\/8311"}],"wp:attachment":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/media?parent=8310"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/categories?post=8310"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/tags?post=8310"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}