Woman Sues Over 100 Defendants in Januvia/Victoza Cancer Lawsuit

By Jessica Tyner

Loretta Neily isn’t taking her pancreatic cancer diagnosis lying down. She was prescribed Januvia and Victoza to treat her type-2 diabetes, but after suffering painful consequences, she’s filed a product liability lawsuit on July 18, 2013 in California against more than 100 defendants.

In addition to suing the makers of Januvia & Victoza — Merck & Novo Nordisk — Neily is also suing “100 Does” that consist of individuals, corporations and other groups that are or were somehow involved in the manufacturing, design, testing, packaging, labeling, marketing, advertising, distribution and retail outlets of Januvia and Victoza. Neily says each of these Does are “in some manner legally responsible” for her diagnosis of pancreatic cancer from taking Januvia.

Neily alleges in the product liability lawsuit that all the defendants partook in breach of duty and knew about the risks of Victoza and Januvia side effects on the pancreas, but chose to hide them from patients like her. Neily was a resident of Utah when she was prescribed Januvia and Victoza to help treat her blood sugar issues related to type-2 diabetes. She began taking the drugs in September 2009 and continued until December 2011.

On January 31, 2013, Neily suffered “severe physical, economical and emotional injuries” as a result of her pancreatic cancer diagnosis. Pancreatic issues including cancer have been linked with type-2 diabetes drugs like Januvia and Victoza. However, Neily only recently became aware of the connection, which prompted this product liability lawsuit.

Defendants Knew about Cancer Side Effects

In February of 2010, there were concerns published about the side effects of drugs like Januvia and Victoza. This was soon after Neily began taking the drugs. The published research stated that “enough preliminary evidence has accumulated to suggest that there is a plausible risk that long-term recipients (of statins) may develop chronic pancreatitis.” However, Neily was never informed of these new findings. Additional research was published one year later supporting these claims. Pancreatitis is a well-known risk factor for pancreatic cancer.

According to these findings, pancreatic cancer was a 2.9-fold greater risk for patients taking Byetta (a relative of Januvia). In May of 2011, Germany began listing pancreatic cancer as a risk factor on Byetta labeling. The same precautions weren’t taken in the U.S.

Neily claims that all defendants concealed their knowledge that Victoza and Januvia can cause life-threatening pancreatic cancer. They did not inform consumers and the prescribing medical community, and the current warning labels are simply inadequate.

Pancreatic cancer is a deadly form of cancer, but Neily hopes she can help stop more victims of Januvia and Victoza pancreatic cancer from being formed.

Plaintiff Seeks Damages

According to Neily’s product liability lawsuit, the defendants have over-stated their claims and “under-warned about their risks” in print advertising, on the web, advertised to users that the drugs were safe, and promoted the drugs to doctors and other healthcare providers as safer than other diabetes drugs. She’s suing for failure to warn, design defect, negligence, breach of warranty, negligent misrepresentation, fraudulent concealment, and punitive damages.

Specifically, Neily is asking for more than $75,000 in compensation to cover medical expenses and economic damages, pain and suffering, punitive damages, interest on the judgment, attorney’s fees and any other relief the court deems appropriate. She’ll be receiving a trial by jury. “Pancreatic cancer” isn’t even mentioned in the drug inserts in the U.S. However, Neily says that even if the warnings were sufficient, the benefits still aren’t worth the risks.

The case is  Loretta Neily v. Merck Sharpe & Dohme Corp., et al., Case No. 3:13-cv-01680-BEN-RBB, U.S. District Court Southern District of California.

Did Januvia or Victoza Cause Pancreatic Problems In You or Someone You Love?

If Neily’s story hits a little too close to home, you might have a legal claim to file a product liability lawsuit. Visit the  Type 2 Diabetes Drugs Januvia, Byetta, Victoza Class Action Lawsuit Investigation site.You can learn more about your rights, options, and other pancreatic cancer victims like you. After submitting your information, a personal injury attorney will contact you if you have a case. You may then qualify for a complimentary product liability lawsuit review.

Updated August 1st, 2013

{loadposition content_ol-news}