As the most common and fastest-growing chronic disease in the U.S., it’s no surprise that medication for type-2 diabetes is rampantly available. However, these types of drugs are also linked to causing pancreatic cancer in many patients— one of the deadliest forms of cancer.

Recent studies show suggest that diabetes medications like Januvia increase the risk of pancreatic cancer, resulting in hundreds of product liability lawsuits filed against the drug manufacturers.

Joining multidistrict litigation (MDL) for Januvia lawsuits is an avenue for victims to band together and enjoy a faster, yet still fair, resolution. The Januvia MDL is designed so that the victims still have their unique situation considered in an individual trial, but the “basics” of the circumstances don’t have to be displayed time and again. For example, all research showing the connection between Januvia and pancreatic cancer is accepted across all Januvia lawsuits and there’s no need to jump through legal hoops again to present the evidence for individual lawsuits.

But what happens when the Januvia lawsuit plaintiff is facing a terminal illness? Should they have to spend their last months in court, hoping that they have enough time to get the financial compensation they may deserve?

The federal litigation for Januvia lawsuits has just established a process that puts terminal cancer patients first in line to testify. They have the option to schedule “In Extremis” when it comes to depositions, allowing them testify early. Not only will this buy them precious time but will also “preserve” their testimony indefinitely. Their testimony remains and can also help future victims who have yet to see their day in court.

So far, there are over 150 Januvia cancer lawsuits in the federal court system filed by patients who allege they received a pancreatic cancer diagnosis because of the drug.  In each of these federal cases, the same complaints pop up time and again. They say the makers of the drug did not properly research the risks, and they also didn’t provide adequate warnings on any packaging or literature. In fact, these Januvia victims say the drug makers were allegedly negligent and may even have purposefully misled the general public, medical community and patients about how much they were gambling when taking the drug.

Januvia Cancer Victims Must Follow Protocol to Get their Case Heard

Data from the Surveillance, Epidemiology and End Results (SEER) database, compliments of the National Cancer Institute, list pancreatic cancer as one of the deadliest forms of cancer, and surviving it is nearly impossible. However, litigation takes time, and many victims might never get the trial they deserve.

An order was issued on Nov. 5, 2013 which urged U.S. Magistrate Judge Mitchell D. Dembin to establish a protocol allowing certain plaintiffs to schedule early depositions. In order to qualify, these victims must be “reasonably near the end of life.”

Unfortunately, it’s fairly easy to qualify for this status when you have pancreatic cancer. With such a low survival rate even in the first six months of diagnosis, there are a number of people who are doing everything in their power to at least set up their family and loved ones financially for their impending passing. To preserve testimony, the victim’s attorney has to notify the defense attorneys in writing, outline the nature of the condition, as well as competency to testify.

After the process is started, the deposition must happen within 14 days, provided the victim has issued key case information, which includes a Plaintiff Fact Sheet, medical records, and pharmacy records. The defendant’s attorneys can take a discovery deposition prior to the early deposition if they like.

Getting the In Extremes deposition in line means that victims who comply with the conditions don’t have to request an emergency hearing on their own. However, an emergency notice to quash the deposition can be filed, assuming it’s done more than two days before the deposition date.

For those without a terminal diagnosis, it will probably be many years before first trial dates are set in the Januvia MDL. The overall organizational structure of this litigation is still being managed, with attorneys appointed their roles in just October of last year. People are still filing their Januvia lawsuits, and it’s estimated that “a few thousand” more Januvia lawsuits will join the MDL.