Wife Sues Over Husband’s Death from Janumet Pancreatic Cancer

Her husband began taking Janumet in December 2007 and continued until March 2011. His pancreatic cancer diagnosis came on the heels of many other troubles, including economic loss due to his inability to work. He died on July 12, 2011. Merck, the makers of Januvia and Janumet, are the defendants and produce some of the most popular type-2 diabetes treatment drugs in the U.S. There’s a host of research connecting Janumet, Januvia and drugs like it – including Victoza and Byetta — to pancreatic cancer.

FDA Investigates Diabetes Drug-Cancer Link

Despite approving Janumet and Januvia, the FDA continues to investigate reports that these drugs increase the risk of pancreatitis and pancreatic cancer. The agency sent a warning letter to Merck in 2002 stating: “Your product is considered misbranded because you are in violation of a postmarketing requirement…and failed to show good cause for not conducting the additional testing required.”

Clearly, this one warning is over one decade old, and the risks of Januvia have been known for quite some time. Elberfeld claims in the Janumet cancer lawsuit that Merck both “over-promoted the drugs and under-warned about their risks.” She says they didn’t meet lawful requirements, didn’t adequately test the drugs, failed to provide full information about the risks and failed to ensure safe labeling. To this date, there’s no comprehensive warning about the risk of pancreatic cancer on Janumet or Januvia’s labeling.

A Sad Ending

Mrs. Elberfeld says in the Janumet lawsuit that her husband suffered greatly before passing from cancer, saying he experienced “severe and permanent injuries, physical pain and mental anguish.” He also needed increased medical treatment and hospital care. Mrs. Elberfeld says she was robbed of a full life with her husband and will suffer from that loss the rest of her life.

She’s suing Merck for failure to warn, design defect, negligence, breach of warranty, negligent misrepresentation, fraudulent concealment and violation of the Ohio Consumer Fraud Act. Wrongful death and punitive damages are also part of her Janumet cancer lawsuit. She’s asking for compensation for general damages, medical and related damages, loss of earnings and capacity, medical monitoring, attorney’s fees and cost of suit.

The case is Nora Elberfeld, et al. v. Merck & Co., et al., Case No. 13-cv-1588 DMS NLS, United States District Court Southern District of California.

Did You or a Loved One Suffer from Januvia, Janumet, Byetta or Victoza?

Were you or a loved one prescribed Januvia or a drug in the same family and suffered pancreatic issues? If this happened to you or someone you love, you may qualify to seek compensation through a drug injury lawsuit settlement.

Discover more at the Type 2 Diabetes Drugs Januvia, Byetta, Victoza Class Action Lawsuit Investigation and receive a free legal review to determine if you have a case. If you qualify, the drug injury attorneys working this investigation will help you get the compensation you deserve with no out-of-pocket cost to you.