Byetta, Januvia, and Victoza lawsuits are back on track over pancreatic cancer claims following recent rulings from the Ninth Circuit Court of Appeals.
The federal appeals court reinstated more than 750 lawsuits brought by patients diagnosed with pancreatic cancer after using these medications. According to the injured plaintiffs, the drug makers knew these medications could increase the risk of pancreatic cancer but failed to warn diabetic patients and their doctors.
What are Byetta, Januvia, and Victoza?
Byetta, Januvia, and Victoza belong to a newer class of diabetes medications known as incretin mimetics. Unfortunately, they have been linked to an increased risk of pancreatitis and pancreatic cancer.
- Byetta: Byetta (exenatide), made by Amylin Pharmaceuticals, Inc. and Bristol-Myers Squibb, is a type 2 diabetes drug approved by the FDA in April 2005 to help reduce blood sugar levels. Byetta is administered as a twice-daily injection.
- Januvia: Januvia (sitagliptin), made by Merck, was approved in October 2006 as the first in a new class of diabetes medications known as dipeptidyl peptidase-4 (DPP-4) inhibitors. Janumet combines Januvia and metformin for diabetics who do not achieve adequate glucose control from a single medication.
- Victoza: Victoza (liraglutide), made by Novo Nordisk, is a once-daily injectable type 2 diabetes drug approved by the FDA in 2010.
The Pancreatic Cancer Link
Januvia increases hormones known as incretins, which signal the pancreas to produce more insulin. Experts believe that after long-term use, incretin therapy could lead to pancreatitis (inflammation of the pancreas). Chronic pancreatitis and diabetes are both known risk factors for pancreatic cancer.
A study of more than one million type 2 diabetics found a statistically significant increase in the risk of pancreatic cancer among Januvia users. Another study of more than 500,000 type 2 diabetics found a statistically significant increase in the risk of pancreatic cancer among all incretin users.
A leading clinical trial of Victoza, which Novo Nordisk fought to keep confidential during discovery, showed a significant imbalance in pancreatic cancer cases between groups, 13 cases among Victoza users compared to 5 in the control group, representing a hazard ratio of 2.59.
Hundreds of Pancreatic Cancer Lawsuits
In July 2013, all pancreatic cancer cases involving Byetta, Januvia, and Victoza were centralized and consolidated in the U.S. District Court for the Southern District of California, overseen by Judge Anthony Battaglia, as part of In Re: Incretin Mimetics Products Liability Litigation MDL.
The lawsuits claim that the drug makers “overpromoted and underwarned.” In addition to a growing number of lawsuits, Merck, Amylin, Eli Lilly, and Novo Nordisk A/S faced criticism because patients and physicians were not adequately warned about serious, potentially fatal health risks. Had they received proper warnings, many patients who developed pancreatic cancer or acute pancreatitis could have chosen other diabetes treatments.
In 2015, Judge Battaglia granted a motion for summary judgment, ruling that the claims were preempted by federal law — meaning the companies were immune from these lawsuits. According to Judge Battaglia, the claims were preempted because the U.S. Food & Drug Administration (FDA) had never required the drugs’ manufacturers to include pancreatic cancer warnings on their product labels.
The plaintiffs appealed that decision to the U.S. Court of Appeals for the Ninth Circuit, which issued an opinion on December 6, 2017, reversing Judge Battaglia’s ruling and reinstating the lawsuits.
As a result, the federal appeals court has revived more than 750 Byetta, Januvia, Janumet, and Victoza pancreatic cancer lawsuits.
Developed Pancreatic Cancer After Taking Byetta, Januvia, or Victoza?
If you or someone you know is diabetic, took one of these medications, and was diagnosed with pancreatic cancer, contact our Byetta, Januvia, and Victoza lawyers immediately for a free case review at 800-529-3476. All calls are free and confidential.