Michigan plaintiff Jan Benore is suing Merck & Co. for the wrongful death of her husband, James Benore.  Mrs. Benore alleges that as a direct result of ingesting the diabetes medication Januvia, her husband developed and later died from pancreatic cancer.

According to the Januvia lawsuit, before Mr. Benore was prescribed Januvia he was handling his type-2 diabetes symptoms well and was contending well with day-to-day life.  He was prescribed Januvia in 2007, and used it through October 2010.  It was between April and May 2010, that he was diagnosed with pancreatic cancer, and started suffering from severe medical complications because of it.

Ultimately, Mr. Benore died from this condition on Oct. 15, 2010. He was prescribed Januvia in order to help manage his type-2 diabetes symptoms, and was unaware that pancreatic cancer was a possible side effect of this medication.  There were no warnings or indications on the drug’s label, nor had the defendant company pointed the decedent to any relevant studies, the Januvia lawsuit claims.

Mrs. Benore states in the Januvia cancer lawsuit that Merck had the responsibility to warn her husband and other patients of this and all other side effects of Januvia, because they are relying on the accuracy of the given information.  Mrs. Benore states that her husband never would have taken the medication, if he had known about the possibility of developing pancreatic cancer.

So for being directly responsible for manufacturing, selling, distributing, and marketing a dangerous drug, Mrs. Benore is suing Merck. Her charges against the Januvia maker include negligence, false advertising, concealing information, and misrepresenting a product.

Overview of Januvia Complications

Today, type-2 diabetes is one of the most prevalent health concerns in the world, considered one of the major health challenges of the 21^st century. Currently, over 350 million people suffer from this condition worldwide and depend heavily on various drugs and treatment medications to help manage their symptoms. Januvia is one such treatment drug, and is one of the best selling drugs in the United States. It is also one of Merck’s best-selling medications, earning $919 million in the first quarter of 2012.

While Merck has enjoyed financial success from Januvia, there have been recent health concerns pertaining to the possible connection between Januvia and the development of pancreatic cancer.  Januvia is in a class of type-2 diabetes medications called dipeptidyl peptidase-4 (DPP-4) inhibitors, which means that the drug encourages incretin manufacturing in the body, which helps maintain a healthy level of insulin.  This prevents diabetic attacks, and allows the patient to have upkeep a healthy level of blood-sugar.  Unfortunately, medical experts suspect that it is through this process, that the complication of pancreatic cancer arises.

At this time, researchers are unsure as to why pancreatic cancer develops in some patients, but heavily suspect it has to do with the drug being processed through the patients’ metabolic functions. Regardless of the cause, experts agree that the possibility of pancreatic cancer should be listed on the drug’s label.  At the time of the decedent’s prescription, Merck had allegedly known about this side effect, but continued to promote the drug as safe and effective, Januvia lawsuits claim.

Januvia Class Action Lawsuit vs. Januvia lawsuit

A Januvia class action lawsuit is being prepared for Januvia patients alleging that the medication caused their pancreatic cancer they suffered or took the lives of their loved ones.

A class action lawsuit is a group lawsuit for those who have similar injuries from the same product and believe they are owed similar compensation. All class members in a Januvia class action lawsuit will share equally in the settlement, but there is a cap on how much each class member will receive. In an individual Januvia lawsuit, there is no cap on much a person will receive.

Januvia individual lawsuits can also be consolidated into a single multidistrict litigation (MDL), which is very similar to a class action lawsuit. In an MDL, also called a Mass Tort, is several individual lawsuits are organized together under a single judge at the same court. This is often more appropriate for defective drugs or medical devices because the injuries can vary. However, an MDL allows plaintiffs to use one attorney or a group of attorneys to represent them, and all lawsuits are able to use any information garnered through the discovery process making it more efficient for all attorneys involved representing both the plaintiffs and the defendants.

The Januvia lawsuit is Jan Benore vs. Merck & Co., Case No. 3:13-cv-02862-AJB-MDD, in the U.S District Court of Southern California.