A recent ruling by a three-judge panel in the US Court of Appeals has reopened the diabetic pancreatic cancer lawsuit for plaintiffs who have experienced side effects while on the medications Byetta, Januvia, Janumet and Victoza. Even claimants who have been turned down may now qualify.
The appeals court reviewed and overturned the previous decision reached in trial court and determined unanimously that the judge should have considered and allowed additional evidence pertaining to the correlation between the type-2 diabetes drugs and a higher occurrence of pancreatic cancer in patients. The evidence referenced would have been crucial in an FDA decision whether or not to have a specific warning on the drug. This appellate court ruling in favor of the plaintiff’s claim that these diabetes medications may increase the risk of pancreatic cancer paves the way for new claimants to join the lawsuit.
The judges stated in their ruling that, “Uncertainty about whether the FDA considered the ‘new safety information’ and whether it would have altered the FDA’s conclusion establishes that a disputed issue of material fact should have prevented entry of summary judgment on the defendants’ preemption claim.”
An update regarding the litigation has been scheduled for the end of February 2018 to review the case and determine the next steps in helping pancreatic cancer patients harmed by medications such as Byetta, Januvia, Janumet and Victoza get justice.
If you have been diagnosed with pancreatic cancer or any other conditions that you believe may have been caused by taking an incretin mimetics medication such as Byetta, Januvia, Janumet and Victoza, please contact us immediately at 800-631-5656 to see if you can qualify for monetary compensation related to this litigation.