THE ESA SETTLEMENT TRUST
The ESA Settlement Trust is a new innovative way to help people who may have been injured by the use of the drugs Procrit, Aranesp, and Epogen.*
The ESA Settlment Trust was formed by attorneys Jan Schlichtmann, Rick Kuykendall, Roberta Ashkin, and Robert Foote - attorneys who are recognized among their peers for their expertise and groundbreaking work in complex litigation and the fields of mass torts and class actions.
The ESA Settlement Trust will be a Court approved and supervised Trust. The ESA Trust is assembling a national team of the nation’s best lawyers and professionals that will help people determine and resolve any claims they may have against the makers and marketers of these drugs.
The ESA Trust document can be found here.
Attorneys wishing to join with their colleagues in helping people who may have been injured by the use of anemia drugs can click here to read the “Attorney’s Statement Of Intent.” You can indicate your willingness to join in this growing and exciting effort by contacting jan@civil-action.info.
If you believe you or someone you know may have been injured or damaged by the use of anemia drugs and want to know how someone becomes a Beneficiary of the ESA Settlement Trust please feel free to contact us by clicking here.
THE RISKS ASSOCIATED WITH ANEMIA DRUGS
Procrit, Aranesp and Epogen Are Synthetic Hormones To Stimulate Red Blood Cell Production
The drug Procrit (made by Ortho Biotechnology LP a division of Johnson and Johnson) and the drugs Aranesp and Epogen (made by Amgen) have been widely presecribed to treat patients with anemia associated with renal disease, chemotherapy, and surgery.
Procrit, Aranesp, and Epogen are a class of engineered drugs known as erythropoiesis stimulating agents (ESA) - drugs intended to induce the production of red blood cells.
Recent Studies Showed Anemia Drugs Can Cause Injury And Death
Anemia drugs were marketed as equivalent to erythropoietin the hormone naturally produced by the human body to make red blood cells. But a flurry of recent reports have indicated that the anemia drugs can cause serious injury and death in patients in which drug stimulated red blood cell production is below normal levels.
Well-publicized reports in November, 2006 and February, 2007 of studies concerning the safety and efficacy of anemia drugs revealed lthat increased dosing of patients with Procrit and Aranesp can lead to “the combination of death, heart attack, … heart failure and stroke” [1] and that dosing of cancer patients with these drugs “may make the cancer itself worse” [2] – revelations that culminated on March 9, 2007 with the FDA’s requirement of a “black box warning” that the drug’s capacity to sicken and kill is dose related and Providers should “use the lowest possible dose”. The FDA will meet in May, 2007 to “further examine the drug’s safety”. [3]
[1] “FDA Public Health Advisory” November 16, 2006 published by the FDA Center For Drug Evaluation And Research; New York Times, 11-27-03, “Drug Company Halts Trials of Procrit”
[2] “Studies Show Anemia Drugs May Harm Cancer Patients”, New York Times February 27, 2007.
[3] “FDA Warning Is Issued On Anemia Drugs’ Overuse”, New York Times, March 10, 2007 (emphasis added); “Information for Healthcare Professionals, FDA Alert” Updated 3/9/2007 (“A New Boxed Warning providing the following information: Avoid serious cardiovascular and arterial and venous thromboembolic events by using the lowest dose of … Procrit” … “Additional Warnings about increased mortality, cardiovascular events, tumor progression and uncontrolled hypertension … Increased Mortality and Cardiovascular Events – the warnings now describes the results of new studies showing an increased incidence of thrombolic events in patients with chronic renal failure, cancer patients on chemotherapy, and surgical candidates … Potential for Tumor Growth Progression – A new subsection in Warnings describes the new data and emphasizes the evidence for increased rate of tumor progression … For all patients: Use the lowest dose possible to gradually increase the hemoglobin concentration to avoid the need for transfusion”) (emphasis added); “Ortho Biotech Revises Prescribing Information for Procrit”, “News” Section, Johnson & Johnson website (posted March 9, 2007) (“Ortho … today revised the label for Procrit … acting upon guidance from the … FDA to revise labeling … The action is taken in response to reports from several investigational studies”) (emphasis added).






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