Plaintiffs Linda Malinkey and Daniel Malinkey have filed a lawsuit against the manufacturers of the diabetes drugs Januvia and Byetta. Their lawsuit alleges that the drugs caused serious complications, including pancreatic cancer.
According to the product liability lawsuit, Linda was prescribed Januvia in March of 2007 and continued to use the drug as directed until January 2008. In February 2008, Linda’s physicians switched her to Byetta, a closely-related drug.
Both Januvia and Byetta belong to a class of diabetes drugs called incretin mimetics, which help control blood pressure by imitating the action of certain hormones.
Linda reportedly continued to take Byetta until May 2010. Later, in November 2011, Linda was diagnosed with pancreatic cancer. Her lawsuit alleges that Januvia and Byetta caused her pancreatic cancer, that the manufacturers were aware of this risk, and that the manufacturers downplayed these risks, leading to her illness.
The Malinkeys’ Byetta lawsuit alleges that the manufacturers have several ways to uncover these risks. This included scientific journal articles, which have found a link between drugs of this type and various types of cancer. Additionally, the Januvia lawsuit asserts that both animal trials and postmarket surveillance have revealed similar links. The lawsuit further claims that in spite of this information, the manufacturers continued to promote these drugs without adequately warning the population about their risks.
The Malinkeys’ Januvia/Byetta lawsuit points out that the manufacturers have never advised physicians to monitor patients for changes in the pancreas, and that they actively withheld information about these risks from regulatory agencies like the U.S. Food & Drug Administration (FDA). The lawsuit alleges that this was all in spite of the fact that older, safer diabetes drugs exist.
The Januvia/Byetta lawsuit is Linda Malinkey, et al. v. Merck & Co. Inc., et al., Case No. 3:13-cv-02680 AJB MDD, filed within the MDL In re: Incretin Mimetics Liability Litigation, Case No. 13-md-2452-AJB(MDD), in the U.S. 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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