For the second time, an interlocutory judge dismissed thyroid patients who wished to have access to the old Levothyrox formula, considering that there was no shortage on the French market. The court also rejected the claim for compensation for "harm of anguish". This option seems clogged for lawyers. On the other hand, the lack of information and the stop of manufacture represent good tracks.
New rebound in the soap opera Levothyrox. The judge of the Court of Toulouse dismissed 23 patients with side effects with the new formula of Levothyrox and who asked to have access to the old formula. This is the second time that patients of the thyroid are dismissed in this case after the rejection of the request of a quarantine of patients by the court of Saint-Gaudens.
Rejection of complaints
The judge of interim relief did not accede to the request of the patients, considering that there was no shortage on the French market since boxes of the old formula were reintroduced in sufficient quantity. The court also rejected the claim for compensation for "harm of anguish".
According to Thierry Hulot, the president of the Merck France laboratory, it is the simple recognition that 200 000 boxes of Euthyrox (corresponding to the old formula) had been put into circulation in France in response to the request of health authorities, but also following the obligation imposed by the civil court of Toulouse.
No shortage on the old formula
According to the Merck laboratory, the supply problems are due to a lack of distribution. As proof of this, of the 200,000 boxes, only 40,000 have been issued to date. He also points out that in this case "Merck has always complied with the demands of the health authorities: whether it is an injunction to improve Levothyrox's formula or to temporarily reintroduce boxes of milk. 'old formulation so as to facilitate the transition for the patients who had expressed the need'.
For associations of patients and their lawyers, these judgments do not settle anything on the merits because it is only a "reference hour to hour", that is to say to resolve the urgency. Moreover, if this option of supply disruption is for the moment obsolete, it will become again very quickly of actuality since Merck did not intend to continue the manufacture of the old formula beyond. The patients' associations do not lose hope of keeping the old formula and try to show that there are still shortages of the old formula with a usher who goes to the pharmacy to see the lack of supply.
The option of "lack of information" remains, in the opinion of judicial specialists, a good track.
Fewer than one patient in 10 complains of problems with the new formulation, but doctors should suggest that they try the other available formulations of levothyroxine and help them adjust the doses.