Lawsuit Says Januvia Killed the Plaintiff’s Husband

Drug manufacturer Merck Inc. has been hit with a new product liability lawsuit claiming that their diabetes drug, Januvia, caused the death of a Tennessee man. 

Widow Gina Ervin filed the Januvia lawsuit on September 17 on behalf of her late husband, Ronny Ervin, who died of pancreatic cancer nearly a year ago on September 18, 2012. Ronny was prescribed Januvia in August 2011 and was diagnosed with pancreatic cancer four months later. He continued to take the drug until August 2012, unaware that it was the cause of his diagnosis, the Januvia lawsuit says. Now, Gina is taking action against Merck for allegedly failing to properly warn consumers of the adverse side effects of Januvia. 

Januvia and Type-2 Diabetes 

According to the American Diabetes Association, type-2 diabetes is the most common form of diabetes. Type-2 diabetes affects millions of Americans and over 350 million people worldwide have the chronic illness.

“In type 2 diabetes, either the body does not produce enough insulin or the cells ignore the insulin,” the American Diabetes Association explains. “Insulin is necessary for the body to be able to use glucose for energy. When you eat food, the body breaks down all of the sugars and starches into glucose, which is the basic fuel for the cells in the body Insulin takes the sugar from the blood into the cells. When glucose builds up in the 24 blood instead of going into cells, it can lead to diabetes complications.” 

In order to help cope with type-2 diabetes, drug manufacturers came out with physician-prescribed medications. Januvia is one of the most popular diabetes treatment medications on the market. 

Januvia and Pancreatic Cancer

Januvia was approved by the FDA in 2006 “as an adjunct to diet and exercise to improve glycemic control in patients with type 2 diabetes mellitus as monotherapy and in combination with metformin or a PPAR’y agonist (e.g., thiazolidinediones) when diet and exercise plus the single agent do not provide adequate glycemic control.” 

At the time, there was not much data to show the possibility of developing pancreatic cancer from Januvia, but it is alleged that Merck should have known of this risk based on several studies completed after it was approved. 

“Defendants concealed their knowledge that Januvia can cause life-threatening pancreatic cancer from [Mr. Ervin], other consumers, the general public, and the medical community,” Mrs. Ervin says in the lawsuit, adding that her husband never would have taken the drug if he knew the potential side effects of Januvia.

“The current warning for the Drug is simply inadequate,” she says. “The Defendants have failed and continue to fail in their duties to warn and protect the consumer public.”

Ervin is seeking damages from Merck for counts of negligence, failure to warn, design defect, breach of warranty, negligent misrepresentation, fraudulent concealment, and loss of consortium.

The Januvia cancer lawsuit is Gina Ervin, et al. v. Merck, Inc., Case 3:13-cv-02228-JAH-WMC in the United States District Court of California. 

Obtain a Free Januvia Cancer Lawsuit Review

Lawsuits against Merck are growing as more people learn of the possible link between Januvia and pancreatic cancer. If you believe that you or a loved one has been the victim of Januvia cancer, you have legal options. Please visit the Januvia, Byetta & Other Type 2 Diabetes Drugs Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a skilled Januvia lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process with no out-of-pocket expenses or hidden fees. The Januvia lawyers working this investigation do not get paid until you do.