Florida Woman Files a Januvia Lawsuit after Developing Pancreatic Cancer

A Florida woman has filed a Januvia lawsuit against Merck & Co. after she developed pancreatic cancer, which she believes developed as a result of the type-2 diabetes medication. 

Orlando, Florida, resident Bobbie Lee Delgado began taking Januvia in February 2009 to treat her type-2 diabetes. In August 2012, she was diagnosed with pancreatic cancer, and has suffered from severe physical, financial and emotional injuries as a result. She claims that her pancreatic cancer is a direct result of taking Januvia to treat her diabetes. 

In her Januvia lawsuit, Delgado says that Januvia is a defective and unreasonably dangerous medication, and says that she was did not know that the type-2 diabetes medication was linked to pancreatic cancer until recently.

Januvia was the first in a class of diabetes medications called dipeptidyl petidase-4 (DPP-4) inhibitors to be sold. They 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 are the key to metabolizing glucose as well as maintaining a steady glucose level in the blood.

The U.S. Food & Drug Administration (FDA) approved Januvia to be sold in October 2006, and Merck began selling the drug that same year. In February 2010, it was published in the medical journal Diabetes Care that this new class of type-2 diabetes medications, including Januvia, may cause pancreatic cancer. There “is preliminary evidence to suggest the potential risks of asymptomatic chronic pancreatitis and, with time, pancreatic cancer” was linked to these DPP-4 inhibitors, the article said. 

More information with similar warnings began to surface in the following years. In 2011, another study found that for Januvia patients, pancreatitis, which is the inflammation of the pancreas, was reported more than six-fold, according to information researchers gathered from the FDA. And the development of pancreatitis puts a person at much greater risk for developing pancreatic cancer. The same study found that the pancreatic cancer rate was more than almost three-fold more common among Januvia patients compared to diabetes patients who used other therapies. 

The FDA said in March that it is reviewing previously unpublished research that showed a link between precancerous cellular changes. The federal agency is expected to require Merck to update the warning labels to reflect the Januvia pancreatic cancer risk. 

Delgado says that if she and her doctor had been properly warned about the Januvia pancreatic cancer risk, her doctor would not have prescribed it and she would not have taken it. 

The Florida woman’s charges against Merck include failing to properly warn of Januvia side effects, for designing a defective drug that is unreasonably dangerous, for neglecting the public by putting such a dangerous drug on the market, breaching the implied warranty with Januvia patients that they were being sold a quality product, for selling Januvia without proper warnings about the risks, misrepresenting to doctors and patients the safety and effectiveness of Januvia and concealing from doctors and patients the dangers associated with the drug.

In her Januvia lawsuit, Delgado is asking Merck to pay punitive damages, compensation for her medical expenses, attorney fees and costs, and whatever other compensation the court thinks is appropriate. 

The Januvia lawsuit is Delgado v. Merck Sharp & Dohme Corp., et al., Case No.: 3:13-cv-02274-AJB-MDD, in the U.S. District Court for the Southern District of California. 

If you or someone you know has suffered from pancreatitis, pancreatic cancer, thyroid cancer or other serious side effects as a result of taking the Januvia 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.