A California judge says two Onglyza lawsuits can likely continue in his court, though he questioned whether that court is the appropriate venue for out-of-state plaintiffs.

Superior Court Judge Curtis E.A. Karnow said that the mere fact that the majority of the plaintiffs in these Onglyza lawsuits aren’t from California does not by itself grounds for dismissal of the entire action.

Defendants Bristol-Myer Squibb Co. and AstraZeneca Pharmaceuticals LP moved to dismiss the claims outright due to the large number of out-of-state plaintiffs.

But Judge Karnow disagreed, citing a recent California Supreme Court ruling allowing almost 600 non-California plaintiffs to sue Bristol-Myers Squibb in state court over a different pharmaceutical product.

Onglyza Lawsuits and Side Effects

At the center of the litigation is Onglyza, also known as saxagliptin. Onglyza is used to treat the high levels of blood sugar associated with type-2 diabetes.

It’s a type of medication known as a dipeptidyl peptidase-4 inhibitor, or DPP-4 inhibitor. Medications like these work by getting the body to produce and release more insulin, which helps move sugar from the blood into the surrounding tissue.

Saxagliptin is also used in combination with metformin, another type-2 diabetes medication, in the medication Kombiglyze XR.

A potentially dangerous side effect of Onglyza was the subject of a drug safety communication recently issued by the FDA. In April 2016, the agency announced that a review of available research showed that Onglyza may increase a patient’s risk of heart failure.

The FDA said it was prompted to issue this warning by the results of two clinical trials. Both these trials showed that patients who took Onglyza were more likely to be hospitalized for heart failure than others who only took a placebo.

Heart failure is not the only side effect associated with Onglyza, and neither is it the only dangerous one. According to the FDA, other side effects reported in connection with this drug include inflammation of the pancreas (known as pancreatitis), severe joint pain (or arthralgia), allergic reactions, and low blood sugar (or hypoglycemia).

The FDA also announced it would require a change to Onglyza’s label adding a warning about this increased risk of hospitalization for heart failure.

Plaintiffs Seek to Sue in California

In the Onglyza lawsuits in California, Judge Karnow hinted California state court may not be a suitable venue for out-of-state plaintiffs to bring their claims, even though that state court system does have personal jurisdiction over the defendants,

Attorneys for the defendants asked Judge Karnow to delay a decision until the U.S. Supreme Court announces whether it will review the California supreme court decision allowing large numbers of out-of-state plaintiffs to sue in California.

Judge Karnow refused, noting that pending Onglyza lawsuits and others had been on hold sometimes for years while waiting for appellate reviews.

Plaintiffs’ counsel argued that it makes sense to keep the Onglyza lawsuits together – or at least to conduct discovery in California, then decide whether other venues might be suitable for some of the out-of-state plaintiffs.

The Onglyza California Lawsuits are Case No. CGC-16-550418 and Case No. CGC-16-552157, in the Superior Court of California for the County of San Francisco.