Man Blames Byetta for His Thyroid Cancer, Sues Amylin

Man Blames Byetta for His Thyroid Cancer, Sues Amylin

By Jessica Tyner

Daniel Curtis thought he was being responsible when he began taking the prescribed drug Byetta to control his diabetic blood sugar levels, only to be diagnosed with thyroid cancer. He is suing Amylin Pharmaceuticals, alleging that the company “authorized and directed the production and promotion of the drug” when they should have known the hazards and dangers of Byetta side effects.

According to the lawsuit, filed Oct. 8, 2013, Curtis “was prescribed and used the drug beginning on or about May 8, 2007 and continued said use through at least Jan. 12, 2009. On or about Oct. 8, 2012, at the age of 52, Plaintiff suffered severe physical, economic, and emotional injuries as a result of said drug including, but not limited to, Plaintiff’s being diagnosed with thyroid cancer. Plaintiff was unaware that Plaintiff’s injuries were caused by the Drug until shortly before the filing of this Complaint.”

The Byetta lawsuit contends that Curtis and other Byetta cancer victims were not properly warned about the side effects of the drug. Otherwise, he would not have taken it or would have closely monitored his thyroid to ensure that he would not become yet another Byetta statistic.

The first widespread study linking Byetta and thyroid cancer was in 2011. While this came well after Curtis’ prescription and diagnosis, he maintains that Amylin should have known about the risks if proper studies were conducted. According to the study linking Byetta with thyroid cancer, “event rate for thyroid cancer was 4.73-fold greater in patients treated with Byetta compared to other therapies.”

In 2012, Amylin put Bydureon on the market, which the company says is basically the same thing as Byetta. However, “the label for Bydureon contains a “black box” warning for thyroid tumors. The label states: “Exenatide extended release causes thyroid C-cell tumors at clinically relevant exposures in rats. It is unknown whether Bydureon causes thyroid C-cell tumors, including medullary thyroid carcinoma (MTC), in humans, as human relevance could not be determined by clinical or nonclinical studies.” 

While admitting Bydureon and Byetta are the same, Defendants have been indifferent to the health and safety of Byetta users, having wholly failed to provide any warning whatsoever on the Byetta label related to its link to thyroid cancer.”

Curtis’ Move

“Despite undeniable knowledge of the risk, and with full appreciation of the deadly side-effects posed by ingesting Byetta, Defendants concealed their knowledge that Byetta can cause life-threatening thyroid cancer from Plaintiff, other consumers, the general public, and the medical community. Indeed, the Defendants who manufacture and market Byetta never even mentioned “thyroid cancer” in their product’s inserts,” the complaint states.

Curtis is suing Amylin for failure to warn, design defect, negligence, breach of warranty, negligent misrepresentation, fraudulent concealment, and punitive damages. “As a proximate and foreseeable result of this dissemination to physicians, by Defendants consciously or negligently disseminating false information, the Plaintiff suffered grievous bodily injury, and the risk of death, and consequent economic and other loss.”

“Defendants had knowledge of the purpose for which the Drug was to be used and warranted the same to be in all respects, fit, safe, and effective and proper for such purpose. The Drug was unaccompanied by adequate warnings of their dangerous propensities that were either known or knowable at the time of distribution.”

The case is Daniel Curtis v. Amylin Pharmaceuticals LLC, Case No.: 3-13-cv-02424-AJB-MDD, in the United States District Court District of California.

Did Your Byetta Prescription Cause Thyroid Issues?

Whether you’ve been diagnosed with thyroid cancer or another thyroid issue, if you took Byetta, you might have a Byetta legal claim. Find out more about your options at the Type 2 Diabetes Drugs Januvia, Byetta, Victoza Class Action Lawsuit Investigation site today. After submitting your information, an attorney will be in touch with you if you qualify for a free Byetta claim review.