Byetta Pancreatic Cancer Victims File Mass Lawsuit

Each individual story is heartbreaking, but filing a joint lawsuit doesn’t mean a person loses their right to tell their story. Each person receives an individual trial by jury, but the basics of the Byetta cancer evidence has already been established, such as studies linking Byetta to pancreatic issues. This results in a faster process while still ensuring a fair resolution.

The Plaintiffs’ Allegations

One of the deceased plaintiffs in the Byetta class action lawsuit, Herbert Fishman, began taking Byetta in July 2007 and continued through February 2012. He was diagnosed with pancreatic cancer soon after he began the drug and died five years later — this is a rare occurrence for pancreatic cancer victims.

Pancreatic cancer is exceptionally deadly and most people don’t live six months beyond a diagnosis. There have been few advances in treatment in the past few decades. Another victim named in the class action lawsuit, Karen Thomas, took Byetta for about nine months before she was diagnosed with pancreatic cancer. She died shortly thereafter.

According to this mass lawsuit, the makers and distributors of Byetta, including Amylin Pharmaceuticals and Eli Lilly, caused “negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, distribution, labeling, and/or sale of Byetta.”

The Byetta cancer victims claim they, their doctors and the community at large weren’t warned about the true risks of Byetta side effects. The companies behind the drug are being accused of intentionally under-warning that Byetta can cause pancreatic cancer.

One of the biggest studies regarding the connection between Byetta and pancreatic issues was published in February 2010, well before many of the victims in this batch of lawsuits were diagnosed and/or died from the disease. Even with the evidence from peer-reviewed journals, plaintiffs say the makers of the drug refused to update the warnings. Since their doctors weren’t aware of the risks, they weren’t able to provide patients with a comprehensive overview of the potential side effects of Byetta.

The Staggering Numbers

Sales of Byetta alone reached $710 million worldwide in 2010. Diabetes is a chronic disease that requires many people to take medication for life — thus it’s a cash cow for drug makers. Plaintiffs in Byetta lawsuits claim that the makers “did not perform adequate safety testing on Byetta as required by good pharmaceutical science practice.” They’re suing for failure to warn, defective design, negligence, breach of warranty, negligent misrepresentation, fraudulent misrepresentation, wrongful death in some cases and loss of consortium.

“Despite the fact that defendants knew or should have known that Byetta caused unreasonable and dangerous side effects, they continued to market and promote Byetta without stating that there existed safer and more or equally effective alternative drug products and/or providing adequate clinically relevant information and data,” reads the mass Byetta lawsuit.

The drug makers “had an obligation” to provide necessary information, say the survivors. There was absolutely no reason for these deaths.

The consolidated case is Norma Fishman, et al. v. Amylin Pharmaceuticals, et al., Case No.: 37-2013-00057797-CU-PL-CTL, the Superior Court of the State of California County of San Diego-Central District.

Did You or a Loved One Take Byetta?

If you or someone you love took Byetta or another diabetes drug and suffered pancreatic issues, you might have a legal claim. Find out more about your options at the Type 2 Diabetes Drugs Januvia, Byetta, Victoza Class Action Lawsuit Investigation today. After submitting your story, a Byetta cancer lawyer will contact you for a free case review if you qualify.