Alabama Man Files Januvia, Byetta Wrongful Death Lawsuit

An Alabama man has filed a wrongful death lawsuit against Januvia drug maker Merck & Co. and Byetta drug maker Bristol-Myers Squibb Company on behalf of his wife who died from pancreatic cancer, allegedly caused by taking the two type-2 diabetes medications. 

According to the Januvia lawsuit, Phillip Golomb’s wife, Sally Golomb, died from pancreatic cancer after she took Januvia and Byetta to treat her type-2 diabetes. Sally began taking Byetta in 2005 and continued to take the medication until 2007. From 2007 to 2010, she took Januvia to treat her type-2 diabetes. Philip argues in the Byetta/Januvia lawsuit that his wife developed pancreatic cancer as a direct result of the two medications. On Aug. 14, 2011, Sally died from pancreatic cancer. 

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

A study published in March in the medical journal Diabetes by researchers at the University of California, Los Angeles found that type-2 diabetes drugs like Januvia and Byetta show an increase in precancerous activity such as abnormal development (dysplasia) in the pancreas of patients taking medications that mimic incretins, the gastrointestinal hormones that cause an increase in insulin, also known as GLP-1-mimicking drugs. 

The UCLA study reflects the increase in reports that the U.S. Food & Drug Administration has received from pancreatic cancer patients that took diabetes drugs such as Januvia and Byetta over those who took other drugs to treat their diabetes. 

The U.S. Food & Drug Administration (FDA) also said in March that it is reviewing previously unpublished research that showed a link between precancerous cellular changes. The FDA is expected to require drug makers Merck and Bristol-Myers Squibb to update the warning labels to reflect the pancreatic cancer risk. 

Approximately 55 lawsuits have been filed in federal courts across the country by patients who used Januvia and similar diabetes medications. A motion was filed in April with the U.S. Judicial Panel on Multidistrict Litigation to consolidate all the Januvia lawsuits into multidistrict litigation.

In his Januvia lawsuit, Phillip is charging Merck and Bristol-Myers with negligence, strict liability, breach of warranty, fraudulent misrepresentation and concealment, and loss of consortium. He is asking for compensatory and punitive damages to be paid by the two drug makers to help cover the medical and funeral expenses that were incurred as a result of the pancreatic cancer that caused Sally’s death.

The Byetta/Januvia pancreatic cancer lawsuit is Phillip N. Golomb v. Merck & Co. Inc., et al., Case No. 2:13-cv-00659, in the U.S. District Court for the Middle District of Alabama.

If you or someone you know has suffered from pancreatitis, pancreatic cancer, thyroid cancer or other serious side effects after taking a type-2 diabetes drug, legal options are 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.