Byetta Lawsuit Update: Court Considering Case Management Proposals in Federal Incretin Mimetics Litigation, Bernstein Liebhard LLP Reports
The Firm is investigating Byetta lawsuits on behalf of individuals who developed pancreatic cancer, thyroid cancer or pancreatitis, allegedly due to their use of the Type 2 diabetes medication.
New York, New York (PRWEB) February 17, 2014
The federal court overseeing dozens of Byetta lawsuits (http://www.byettalawsuit.com) and other product liability claims involving Type 2 diabetes drugs known as incretin mimetics is now considering proposals for the case management of the multidistrict litigation, Bernstein Liebhard LLP reports. According to a Memorandum submitted on February 10th in the U.S. District Court, Southern District of California, the defense has proposed a plan that would require plaintiffs to file their general causation expert reports in less than 90 days, before discovery into common issues involving the design and research of the medications is completed. But a brief filed the same day on behalf of plaintiffs urged that the proposal be rejected, asserting that the issue of general causation should not be addressed until plaintiffs have had a chance to fully investigate the case and select the appropriate experts. (In Re: Incretins Products Liability, Sales and Marketing Litigation, MDL 2452)
“Our Firm is tracking developments in this litigation very closely, as we have heard from numerous individuals concerned about the possible association between Byetta and pancreatic cancer, thyroid cancer and pancreatitis,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently offering free Byetta lawsuit evaluations to patients who may have been harmed by this drug.
According to court documents, more than 260 lawsuits have been filed in the multidistrict litigation underway in the Southern District of California that allege a connection between drugs like Byetta and pancreatic cancer. All of the lawsuits pending in the proceeding accuse the manufacturers of incretin mimetics of failing to provide patients and doctors with appropriate warnings about their potential association with pancreatitis and pancreatic cancer.
The litigation involving Byetta and other incretin mimetics, including Januvia and Victoza, got underway after the U.S. Food & Drug Administration (FDA) announced last March that it was investigating the safety of this class of drugs after a small study indicated they might cause precancerous changes to the cells of the pancreas. The following month, the Institute for Safe Medicine Practices published an analysis which found that in a single year, Byetta had been named in 63 FDA adverse event reports detailing pancreatitis, as well as 71 reports involving pancreatic cancer, and 14 incidents of thyroid cancer.*
In addition to claims involving pancreatic cancer, a number of Byetta lawsuits have also been filed that allege the drug caused users to develop thyroid cancer. According to court documents, a petition was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on January 28th requesting that those claims also be consolidated in the Southern District of California. (In re Byetta Thyroid Cancer Products Liability Litigation, No. 8 (JPML)
Court documents also indicate that a number of additional Byetta lawsuits have been consolidated in California Superior Court. A lawsuit filed in that proceeding that claims the drug caused pancreatitis is scheduled to go to trial on February 18, 2014. (In re: Byetta Cases, JCCP No. 4574)
Individuals who took Byetta and developed pancreatic cancer, thyroid cancer or pancreatitis may be entitled to compensation for medical bills, lost wages, and pain and suffering. To learn more about filing a Byetta lawsuit, please visit Bernstein Liebhard LLP’s website. For a free legal review, please call 800-511-5092.
*ismp.org/quarterwatch/pdfs/2012Q3.pdf, ISMP, April 2013
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 11 consecutive years.
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