Januvia/Byetta Lawsuit Claims Drugs Cause Pancreatic Cancer

Plaintiffs Phronia and James E. Owen filed a Januvia, Byetta and Victoza lawsuit in early November against Merck & Co., Novo Nordisk Inc. and Eli Lilly Company after the female plaintiff developed pancreatic cancer, which the couple claims was caused by the type-2 diabetes medications.

According to the product liability lawsuit, Mrs. Owen started taking Byetta to treat her type-2 diabetes in September 2006 until November 2006. Her doctor prescribed Januvia for her to take in March 2009 until November 2009. At that point, her doctor changed her prescription to Victoza in August 2010.

On May 8, 2013, Mrs. Owen was diagnosed with pancreatic cancer, which has caused severe physical, economic and emotional injuries as a result of the three type-2 diabetes drugs, she alleges. She says she was not made aware that her injuries were possibly caused by the medications until within the last two years.

Januvia, Byetta and Victoza are in a class of diabetes medications called dipeptidyl petidase-4 (DPP-4) inhibitors, also known as incretin mimetics. They work by helping to control blood sugar for those suffering from type-2 diabetes by increasing the production of insulin and stop the pancreas from releasing too much glucagon — hormones that are important for metabolizing glucose as well as maintaining a steady glucose level in the blood.

In February 2010, the medical journal Diabetes Care published an article indicating that this new class of type-2 diabetes medications may cause pancreatic cancer. There “is preliminary evidence to suggest the potential risks of asymptomatic chronic pancreatitis and, with time, pancreatic cancer” was linked to these DPP-4 inhibitors, the article said.

In 2011, another study found that for Januvia patients, pancreatitis, which is the inflammation of the pancreas, was reported more than six-fold, according to information researchers gathered from the U.S. Food & Drug Administration (FDA). The development of pancreatitis puts a person at much greater risk for developing Januvia pancreatic cancer. The same study found that the pancreatic cancer rate was more than almost three-fold more common among Januvia patients compared to diabetes patients who used other therapies.

The FDA said in March that it is reviewing previously unpublished research that showed a link between incretin mimetics and precancerous cellular changes. The federal agency is expected to require that drug makers Merck, Novo Nordisk and Eli Lilly update the warning labels on the type-2 diabetes medications to reflect the Januvia/Byetta pancreatic cancer risk.

Their charges against the three pharmaceutical giants include failure to warn, design defect, negligence, breach of implied and express warranty, negligent misrepresentation, fraudulent concealment and loss of companionship. The Owens are suing for punitive damages, medical expenses and other economic damages.

The Januvia/Byetta/Victoza lawsuit is Owen, et al. v. Merck Sharp & Dohme Corp., et al., Case No. 3:13-cv-02685-AJB-MDD, in the U.S. District Court in the Southern District of California.

If you or someone you know has suffered from pancreatic cancer as a result of taking a type-2 diabetes drug, legal options may be available to you. Learn more and get a free consultation regarding a claim’s eligibility at the Type 2 Diabetes Drugs Januvia, Byetta Class Action Lawsuit Investigation. Experienced legal professionals have access to medical experts to assess whether or not this type-2 diabetes medication played a role in your illness, so act now. 

All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.