A motion has been filed to consolidate all Byetta lawsuits, Victoza lawsuits, Januvia lawsuits and Janumet lawsuits brought throughout the federal court system on behalf of individuals who developed pancreatic cancer after using any of the diabetes drugs, asking a panel of federal judge to centralize the cases in one court for coordinated handling as part of an MDL, or Multi-District Litigation.
Have You or a Family Member Been Diagnosed with Pancreatic Cancer After Using:
While many people may confuse such consolidation with a class action lawsuit for Byetta, Victoza, Janumet and Januvia, there are actually important differences.
Even if the cases are centralized for pretrial proceedings, each case remains an individual lawsuit where the plaintiff must establish that they developed pancreatic cancer from side effects of one of the diabetes drugs and that the manufacturers are liable for failing to adequately warn about this risk.
The pancreatic cancer lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing a case, and centralizing the litigation will provide certain benefits to all plaintiffs involved.
All of the lawsuits involve similar allegations that the manufacturers of Byetta, Victoza Janumet and Januvia knew or should have known about the pancreatic cancer risk and failed to adequately warn consumers or the medical community.
Through an MDL, plaintiffs will have access to many of the benefits of a class action action, avoiding duplicative discovery and conflicting rulings from different judges, while retaining the individual right to accept or reject any settlement offers and ultimately present their individual case to a jury.
Januvia, Janumet, Victoza and Byetta Class Action vs. MDL
Byetta, Januvia, Janumet and Victoza are all members of a class of diabetes drugs known as incretin mimetics, which were first introduced in 2005. Millions of Americans have used the drugs for treatment of type 2 diabetes, generating billions in sales for the drug makers. However, recently evidence has emerged to suggest that users face an increased risk of pancreatic cancer from Januvia, Janumet, Byetta and Victoza.
At this point, more than 50 product liability lawsuits have been filed in the federal court system by individuals who developed pancreatic cancer after using one or more of these medications. However, based on the number of patients who took these drugs, our lawyers expect there will ultimately be hundreds, if not thousands, of cases filed.
If the U.S. Judicial Panel on Multidistrict Litigation (JPML) decides to centralize the federal Byetta, Januvia, Janumet and Victoza pancreatic cancer litigation, the cases would be assigned to one judge. While the cases would be managed in a manner similar to how most expect a class action to be handled, each of the consolidated lawsuits would actually remain an individual claim.
Although much of the discovery would be for the benefit of all cases, and many of the rulings could apply to many cases, if a settlement or other resolution is not reached following pretrial proceedings, each lawsuit may be remanded back to the U.S. District Court where it was originally filed for an individual trial.
Unlike a class action lawsuit, where all claims are litigated through a class representative, each individual’s pancreatic cancer injury from Januvia, Janumet, Byetta or Victoza must be evaluated separately, as the impact will be different in each case.
Byetta, Victoza and Januvia Class Action Lawyers
The class action lawyers at Saiontz & Kirk, P.A. are providing free consultations and claim evaluations for individuals who believe that they or a family member may have developed pancreatic cancer from Byetta, Victoza, Januvia or Janumet. All cases are evaluated by our law firm on an individual basis, and given the time and attention necessary to ensure that our clients maximize their recovery.
To review a potential case and determine if financial compensation may be available, request a free consultation or claim evaluation.