Appeals Court Revives Type 2 Diabetes Drug Class Action

Jun 01,2018

Roughly 750 lawsuits against the makers of incretin diabetes drugs will be allowed to proceed, thanks to a federal appeals court. The lawsuits claim that type 2 diabetes drugs in the incretin class caused patients to develop pancreatic cancer. These drugs include Januvia, Victoza, Janumet, Byetta, Bydureon, Trulicity and Tradjenta.

Trial Judge Dismisses Lawsuits

In November 2015, a trial court judge dismissed the lawsuits, claiming it was the FDA’s job to warn about drug side effects. The judge stated that since the FDA did not require warnings for pancreatic cancer, drugmakers did not have a duty to include such warnings.

Appeals Court Reverses Decision

In December 2017, the 9th Federal Circuit Court of Appeals ruled that the trial judge abused his discretion by prohibiting some patients’ expert witnesses to testify. The court also stated that the trial court should have looked at more information before dismissing the cases. The lawsuit will now be sent back to the multidistrict litigation (MDL) court.

Experts believe thousands more patients will join the lawsuit, considering the FDA has received around 5,000 reports of pancreatic cancer linked to these drugs.

“This decision will allow hundreds of people who have suffered because of these drugs to have their voices heard,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured by a drug and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.

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