Grieving Husband Files Lawsuit Over Wife’s Death from Byetta Cancer

Type-2 diabetes is one of the fastest growing diseases in the United States. Nearly 25.8 million Americans – 8.3% of the population – have diabetes. Patients depend on medications to manage this disease. Unfortunately, certain diabetes medications have been linked recently to an increased risk of cancer.

Pancreatic cancer has an extremely high mortality rate, with more than 90 percent of people dying within five years of diagnosis — most die within six months. Sometimes pancreatic cancer shows virtually no symptoms. By the time pancreatic cancer victims are aware of their cancer, they often have months or days left to live. Filing a Byetta injury lawsuit helps to ensure these Byetta sufferers make the most of their situation and set up their loved ones in case the worst happens. Family members of deceased loved ones are also allowed to sue on behalf of their loved ones.

Gilbert’s Byetta lawsuit states that “The injuries and damages to Plaintiff and Decedent were caused by the wrongful acts, omissions, and fraudulent representations of” the makers of Byetta, Amylin. Gilbert also says the drug makers “knew, or with the exercise of reasonable care should have known, of the hazards and dangerous propensities of [Byetta], and thereby actively participated in the tortious conduct which resulted in the physical injuries.” 

Gilbert says his wife would never have taken Byetta she knew it increased her risk of developing pancreatic cancer. Unfortunately, that choice was taken out of her hands. Her doctors were also unaware of all Byetta side effects because they use the warning labels to make informed decisions.

The Byetta Lawsuit Allegations

Gilbert’s wife was prescribed Byetta and used the drug beginning on or about January 2010, and continued using it through at least September 20,201I. She suffered severe physical, economic and emotional injuries as a result of Byetta, including but not limited to being diagnosed with pancreatic cancer, the lawsuit says.

Gilbert seeking justice for her wife for what he calls the drug markers’ “negligent and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, distribution, labeling, and/or sale” of Byetta. He lost his wife for a reason that could have been easily avoidable. 

Byetta Pancreatic Cancer Link Nothing New

Byetta has been available since 2005, but reports and studies linking it to pancreatic cancer emerged in 2010. According to complaints, the Amylin and Eli Lilly still opted to not provide adequate warnings even at this time. 

Just how dangerous is Byetta? Researchers found that “pancreatitis, inflammation of the pancreas, was >6-fold more frequently reported as an adverse event for patients administered exenatide (Byetta), as compared with other therapies,” the Byetta lawsuit states.

The average person takes Byetta for just over 12 months before being diagnosed with pancreatic cancer (if they do develop cancer from the drug), according to the lawsuit.

Gilbert is suing Amylin for failure to warn, design defect, negligence, breach of warranty, negligent misrepresentation, fraudulent concealment, loss of consortium, and punitive damages. He’s seeking compensation for wrongful death, medical expenses, economic damages, burial and funeral expenses, pain and suffering, loss of companionship, interest, attorney’s fees, and punitive damages.

The case is James Gray Gilbert Jr., et al v. Amylin Pharmaceuticals, et al., Case No.: 3:13-cv-02007-BEN-BGS, The United States District Court Southern District of California.

Were You or a Loved One Diagnosed with Cancer? 

If you or a loved one took Byetta or a similar diabetes medication and suffered pancreatic side effects, including cancer, you may have a legal claim. Learn more today at the Type 2 Diabetes Drugs Januvia, Byetta, Victoza Class Action Lawsuit Investigation site. After submitting your story, a lawyer will contact you if you have a case for a free claim review.