Robert J. Boumis  |  February 19, 2014

Category: Legal News

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Januvia cancer lawsuitAttorneys presented critical evidence in the multidistrict litigation (MDL) against the manufacturers of Januvia and related type-2 diabetes drugs. The presentation was part of two “Science Days,” which were supposed to educate the judge presiding over the MDL on the alleged link between pancreatic cancer and Januvia, Janumet, Byetta and Victoza.

An MDL—a type of group lawsuit similar to a class action lawsuit—has been filed against the manufactures of incretin mimetics, a class of diabetes drugs that includes Januvia, Byetta and other common drugs designed to treat type-2 diabetes. However, individual product liability lawsuits have also been filed, alleging these drugs can cause pancreatic cancer and thyroid cancer. These lawsuits cite postmarket surveillance and peer-reviewed studies to support the assertion that the drugs caused these cancers. [Learn more here.]

The MDL against these drug manufacturers has called for a legal scientific conference on the subject, termed “Science Days.” Science Days were held on Feb. 5 and 6, 2014. This conference was scheduled back in November by Judge Anthony Battaglia back in November of 2013.

“Science Days” have four objectives, according to Judge Battaglia. First, the conference was set to outline the nature of type-2 diabetes. Second, the conference was set up to explain “pharmacological issues” like the role of this type of drugs in treating diabetes. Third, “Science Days” had the goal of going over pancreatic cancer mortality and morbidity rates, that is descriptions of how common pancreatic cancer is and how likely it is to kill the patient. Lastly, the conference was set to evaluate the data on the alleged link between incretin mimetics and pancreatic cancer. The information presented is intended to inform the court outside of the normal adversarial proceedings of the courtroom.

Presentations at Science Days have non-experts presenting information. While the “testimony” will help guide in-court discourse, but the presenters at Science Days were not under oath. The information were not officially entered into the record for this case. Additionally, the testimony did not trump any future evidence or testimony at the trial proper. Despite these restrictions, the testimony will serve as a valuable guidepost for future testimony. Additionally, the fact that the testimony was presented outside of the regular procedures of the court is intended to help develop the testimony outside of the adversarial atmosphere of the courtroom.

The MDL against the manufacturers of Januvia and similar drugs is in Re: Incretin-Based Therapies Products Liabilities Litigation, MDL No. 2452, in the United States District Court for the Southern District of California.

In general, Januvia pancreatic cancer lawsuits are filed individually by each plaintiff and are not class actions.

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