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Januvia & Byetta Lawsuit

Januvia bottle with insertJanuvia and Byetta are two popular brand names for medications belonging to a class of drugs known as “incretin mimetic.” As the name suggests, these drugs are designed to mimic the effects of insulin, which is typically produced by the pancreas and becomes suppressed upon the onset of Type 2 diabetes.

Despite the fact these drugs have been highly-regarded as effective against the blood-glucose imbalance caused by diabetes, incretin mimetics are also considered a possible risk factor in the development of pancreatic cancer.

As a result, Januvia and Byetta lawsuits have been filed, alleging the makers of these drugs failed to properly warn consumers of the possibility of danger and injury, as well as a failed to test these drugs for life-threatening side effects and risk.

If you have used these drugs in the past to treat your Type 2 diabetes, we encourage you to read on about how the product liability attorneys of Eisbrouch Marsh may be able to help you recover compensation from the drug makers in the event you have developed pancreatic cancer or have been diagnosed with pre-cancerous findings. Our attorneys are dedicated and compassionate professionals, eager to help our clients achieve a sense of justice in the wake of confusion and worry. 

Product liability claims allege pancreatic cancer

A product liability lawsuit is a special kind of negligence action that involves dangerous consumer goods. Product liability can involve medical devices, over-the-counter or prescription drug products. While this can be a complex area of the law, the general allegations involved in a product liability lawsuit revolve around a manufacturers’ failure to warn consumers that its product could cause harm. This failure to warn could derive from failure to properly test the item, a negligent product design or defects in the manufacturing procedures. As with any type of complex litigation, it is always advised to work with an experienced product liability lawyer through the lawsuit process.

If you are considering filing a Januvia or Byetta lawsuit, our attorneys can help you with:

  • Initial review and consultation of your claim, including an analysis of any possible defenses the drug maker could raise (e.g., statute of limitations)
  • Drafting and filing of the complaint in state or federal court
  • Coordination of your claim with an ongoing class action or multi-district litigation group;
  • Engagement in the discovery process;
  • Negotiation and settlement of your claim
  • Trial of your claim, if necessary

Januvia and Byetta cancer risks

As a Januvia or Byetta plaintiff, you have likely endured painful and frustrating side effects from these drugs – and you are not alone. In March, 2013, the Food and Drug Administration issued a Safety Communication relaying information to patients regarding the possible connection between incretin mimetics and pancreatic cancer. In this Communication, the FDA warned that researchers had uncovered increased instances of pancreatic inflammation, cellular changes and other pancreatic issues. This Communication was released on the heels of a prior warning regarding the use of these drugs and the increased risk of acute pancreatitis. According to research, Januvia is thought to dramatically increase the production of cells lining the pancreatic ducts, causing cellular abnormalities and, eventually, cancer.

Patients injured by Januvia or Byetta report a wide variety of symptoms, all of which may serve as a basis for compensation upon the filing of a personal injury lawsuit.

Symptoms of pancreatitis usually include fever and sharp abdominal pain.  Patients receiving a diagnosis of pancreatic cancer may be required to endure painful and debilitating chemotherapy, radiation or surgery to help curtail the growth of cancer cells. 

Filing a Januvia and Byetta lawsuit

By filing a Januvia or Byetta claim, you may be able to receive compensation for any money spent or lost as a result of your injuries. For instance, if you developed a pancreatic condition, causing you to miss work, you may be able to recover your lost wages during that period. A lawsuit can also help you recover your medical expenses, future earnings (if unable to return to work) and additional damages for your pain and suffering.  As we mentioned above, you are not alone in your case against the makers of Januvia and Byetta.

Presently, there are 440 lawsuits pending in federal court alleging negligent, unlawful promotion of these drugs for the treatment of Type 2 diabetes. These cases are currently consolidated in what’s known as multidistrict litigation in federal District Court for the Southern District of California. Currently, these cases are engaged in the discovery phase, with several depositions schedule for the fall. Thereafter, both sides are expected to file a list of expert witnesses expected to testify regarding the connection between these incretin mimetics and the onset of pancreatic problems.

Consultation with experienced Januvia attorneys

If you have been diagnosed with pancreatic cancer or the sudden onset of pancreatitis after taking an incretin mimetic, we encourage you to contact the highly-experienced Januvia lawyers of Eisbrouch Marsh. To schedule your free legal consultation, contact us today at 201-342-5545.

  1. FDA, FDA Drug Safety Communication: FDA investigating reports of possible increased risk of pancreatitis and pre-cancerous findings of the pancreas from incretin mimetic drugs for type 2 diabetes, http://www.fda.gov/drugs/drugsafety/ucm343187.htm
  2. WebMD, Januvia oral (side effects), http://www.webmd.com/drugs/drug-145704-januvia+oral.aspx
  3. DiabetesHealth.com, Januvia taken alone may increase pancreatic risks, but using it with Metformin removes the threat, http://diabeteshealth.com/read/2009/05/27/6207/januvia-taken-alone-may-increase-pancreatic-risks-but-using-it-with-metformin-removes-the-threat/