By Sarah Mirando  |  July 16, 2013

Category: Pharmaceuticals
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Utah Woman Files Byetta/Victoza Wrongful Death Lawsuit

By John Curran

 

Victoza diabetes lawsuitRegina Sponaugle has filed a wrongful death lawsuit against the drug makers responsible for the diabetes drugs Victoza and Byetta, arguing that the medications caused her late husband, Kenneth Sponaugle, to develop fatal pancreatic cancer side effects. Her Byetta/Victoza lawsuit is seeking damages on counts of failure to warn, design defect, negligence, breach of various warranties, negligent misrepresentation and fraudulent concealment.

According to the Victoza cancer lawsuit, Kenneth Sponaugle began taking the medications in June 2008 and continued to do so for two and a half years. In July 2012, he reportedly succumbed to pancreatic cancer side effects diagnosed less than one year prior. The complaint notes that Victoza and Byetta do not carry product safety warnings noting the increased risk of pancreatitis that can lead to cancer.

Sponaugle’s Byetta pancreatic cancer attorneys allege that the companies involved should have been aware of these potential side effects given that medical literature indicated problems near the time of the medication’s approval in 2010. In the case of Byetta, the risk for pancreatic cancer is three times higher than for other therapies. While both drugs are part of the FDA Adverse Event Reporting System, this has not led to a change in labeling.

While the FDA must approve any change to the drug labeling information, the Victoza lawsuit adds that there are other ways to warn healthcare providers as well as patients of these problems. The lawsuit also states that the drug should be pulled from the market because “Byetta and Victoza are quite simply too dangerous and defective as formulated.” By continuing to put any type-2 diabetes medication on the market that causes these problems, the companies are being negligent in how they market the drug, according to the Victoza/Byetta lawsuit.

The Victoza/Byetta Wrongful Death Lawsuit is Regina Sponaugle v. Novo Nordisk Inc., Amylin Pharmaceuticals LLC, and Eli Lilly and Company, Case No. 13-cv-00818, U.S. District Court, Southern District of California.

A growing number of men and women are finding out that diabetes drugs like Victoza, Byetta and Januvia caused them or a family member to develop pancreatic cancer, which has a 98.8 percent fatality rate within five years of diagnosis. Pursuing a legal remedy like Regina Sponaugle may provide some sort of redress in these instances. Get started by determining whether or not you are eligible to file a lawsuit by filling out the short form at the Type 2 Diabetes Drugs Januvia, Byetta Class Action Lawsuit Investigation.

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Updated July 16th, 2013

 

All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.

 

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