Court Outlines Valsartan Lawsuits Trial Schedule for “Wave 2” Bellwether Cases

Following the first bellwether trial expected to begin later this year, lawyers are preparing a second group of Valsartan recall lawsuits for early trial dates in the federal multidistrict litigation (MDL).

In case lawyers are unable to negotiate Valsartan settlements to resolve claims over cancers allegedly caused by contaminated versions of the generic blood pressure drug after the first federal bellwether in September 2025, the federal judge presiding over the litigation is moving forward with plans to prepare a group of four additional claims for a second “wave” of early bellwether trials.

More than 1,300 product liability lawsuits have been brought throughout the federal court system since a number of Valsartan recalls were issued by different generic drug makers in 2018, due to the discovery that cancer-causing chemicals had contaminated multiple versions of the widely used hypertension drug.

Each of the lawsuits raises similar allegations, indicating that high levels of N-nitrosodimethylamine (NDMA), N-nitrosodiethylamine (NDEA) and other contaminants in the recalled pills caused former users to develop liver cancer, colorectal cancer, stomach cancer, prostate cancer, bladder cancer, esophageal cancer and various other malignancies.

Given common questions of fact and law raised in the complaints, a federal MDL (multidistrict litigation) has been established in the District of New Jersey, where U.S. District Judge Renee M. Bumb has been presiding over coordinated discovery and preparing a group of representative claims for early trial dates.

To help the parties gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation, a first Valsartan lawsuit bellwether trial is currently expected to begin in September 2025, involving a claim brought by an Alabama man who developed liver cancer after using recalled versions of the drug.

However, in case that trial fails to drive the parties to reach a global settlement agreement, the Court has directed the parties to prepare a second group of Valsartan lawsuits for additional bellwether trials.

In an order (PDF) issued on May 14, the Court identified the four Valsartan recall lawsuits that the parties selected to serve as the “Wave 2” bellwether trials. They include claims brought by Robert Garcia, Robert Lee, Evan Smalls and James Suits.

The Court also outlined the schedule for preparing the cases for trial, indicating that case-specific fact discovery will close on June 9, with expert discovery completed by August 20, and a final pretrial order will be issued by November 24, 2025.

Trial dates have not yet been set for the Wave 2 bellwether trials, but the cases are not expected to go before a jury until mid-2026. However, the order notes that some dates may be adjusted when the Court schedules the next bellwether trial date.

While the outcome of these Valsartan lawsuit bellwether trials will not have any binding impact on other remaining claims, they will be closely watched and could help the remaining parties reach Valsartan cancer settlements.

Following the second wave of bellwether trials, if agreements are not reached to resolve large numbers of claims pending in the Valsartan MDL, it is expected that Judge Bumb may begin remanding large numbers of claims back to U.S. District Courts nationwide for individual trial dates throughout the federal court system in the coming years.