By Amanda Antell  |  July 7, 2014

Category: Legal News

Januvia cancer lawsuitsA Michigan woman is suing the pharmaceutical giant Merck & Co. for the wrongful death of her husband.

Plaintiff Marilyn Fishman, on behalf of husband Sheldon Fishman, alleges that as a direct result of taking the diabetes medication Januvia, her husband developed pancreatic cancer and died.

Sheldon was reportedly first prescribed Januvia in 2010 and took it until March 2012. He was prescribed the medication to treat symptoms from type-2 diabetes.

Sheldon was diagnosed with pancreatic cancer on July 4, 2011, but continued taking the medication because he was unaware of the possible correlation at the time. He died on Aug. 16, 2012. His wife filed the Januvia lawsuit almost been two years after his death, after learning that Januvia and other incretin medications could be linked to pancreatic cancer.

The widow said if her husband had known about pancreatic cancer being a possible consequence of taking Januvia, he never would have agreed to take it. There were reportedly no warnings or indications on the drug’s label, nor had Merck sent out any notification. Marilyn asserts that Merck was obligated to inform all patients of the side effects of its medications.

The Januvia lawsuit accuses Merck of negligence, false advertising, concealing information, and misrepresenting a product.

Overview of Januvia Complications

Januvia is one of Merck’s best selling drugs, earning $919 million in sales in the first quarter of 2012 alone. It was approved to go to market by the U.S. Food & Drug Administration (FDA) on Oct. 17, 2006. Along with its cousin, Janumet, it was designed and approved to be a type-2 diabetes treatment drug, which would ideally allow the patient’s body to better manage its insulin levels. Januvia is a part of the drug family dipeptidyl peptidase-4 (DPP-4) inhibitors, which work by signaling the body to produce insulin. It also manages the body’s glucose and blood sugar levels to prevent diabetic attacks.

DPP-4 inhibitors are some of the first drugs that inhibit certain incretins, which manage insulin. Recent studies have raised concern regarding the potential Januvia side effects, and those of other DDP-4 inhibitors, including Janumet, Byetta and Victoza. Recent studies have linked Januvia and other incretin medications to causing pancreatic cancer. It is not known as to what triggers this reaction in certain patients, but medical experts believe that due to this risk, Januvia’s label is inadequate.

Multiple studies have indicated that Januvia and Janumet users have a higher risk of developing pancreatic cancer, or the condition pancreatitis. A study that evaluated the rates of pancreatic cancer in patients who had used Januvia compared to other treatment drugs concluded that patients who had taken Januvia had a 2.7 times greater risk.  Additionally, the FDA has received thousands of reports of pancreatic cancer among those who have of used Januvia.

The Januvia Pancreatic Cancer Lawsuit is In re: Incretin-Based Therapies Products Liability Litigation, MDL No. 2452, 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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