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Januvia Lawsuit Update 2018

Pancreatic Cancer Lawsuits Reinstated For Incretin-based Diabetes Drugs

Pancreatic Cancer Lawsuits Reinstated For Incretin-based Diabetes Drugs

Pancreatic Cancer Lawsuits Reinstated for Incretin-Based Diabetes Drugs Among the several different types of therapies indicated for treating type 2 diabetes areincreatin mimetics. The medications approved by the FDA that fall into this class of drugs are: Previous scientific studies suggested that these incretin-based diabetes drugs may carry an increased risk of developing pancreatic cancer, but the FDA has not added any such warnings to the drug labels. In 2015, Judge Anthony Battaglia in the Southern District of California effectively shut down all federal court lawsuits alleging that Byetta, Januvia, Victoza, and the other drugs in this class caused pancreatic cancer in the patients who used them. Over 700 of these cases were filed, and consolidated into theIncretin Mimetics Products Liability LitigationMDL. The plaintiffs in these federal court cases argued that drug manufacturers knew of the risks of developing pancreatic cancer, yet failed to warn doctors and patients. However, the federal judge ruled that there was sufficient evidence to establish that any requests to add pancreatic cancer warnings to the drug labels would not have been approved by the FDA. He based his decision on the fact that the FDA concluded that a causal association between the drugs andpancreatic cancer is indeterminate, which falls below the science-basedregulatory standards that govern what must be included in product labeling. On December 6, 2017, a federal appeals court issued an opinion that reverses the judges 2015 ruling. This is significant because it reinstates all of the lawsuits that were previously tossed out. This decision was made on the basis that the plaintiffs attorneys were not given access to requested documents, nor were they allowed to present newly discovered evide Continue reading >>

Four Distinct Diabetes Drugs Mdl Cases: Byetta / Januvia / Victoza; Onglyza / Kombiglyze; Invokana; Farxiga - Drug Injury Watch

Four Distinct Diabetes Drugs Mdl Cases: Byetta / Januvia / Victoza; Onglyza / Kombiglyze; Invokana; Farxiga - Drug Injury Watch

Four Distinct Diabetes Drugs MDL Cases: Byetta / Januvia / Victoza; Onglyza / Kombiglyze; Invokana; Farxiga Current Number Of Drug Injury Lawsuits Filed In Each Of These Ongoing Federal Court MDL Cases: February 2018 JPML Report (Posted by Tom Lamb at DrugInjuryWatch.com ) At the present time there are four federal court Multidistrict Litigation (MDL) cases for drug injury lawsuits concerning several different types of diabetes medicines with unique sets of side effects. From the February 15, 2018 version of this document, " MDL Statistics Report - Distribution of Pending MDL Dockets by Actions Pending " (accessed 2/21/18), published by the United States Judicial Panel on Multidistrict Litigation (JPML), we get the current number of cases filed in each of these diabetes drugs MDL cases. We supplement that information provided by the JPML with the primary side effects that are the subject of personal injury lawsuits and wrongful death lawsuits filed in each of these diabetes drug MDL cases. IN RE: Incretin-Based Therapies Products Liability LitigationMDL-2452 Continue reading >>

Pancreatic Cancer Lawsuits Over Januvia, Byetta, And Victoza Moving Again

Pancreatic Cancer Lawsuits Over Januvia, Byetta, And Victoza Moving Again

Pancreatic Cancer Lawsuits Over Januvia, Byetta, and Victoza moving again. Byetta, Januvia, and Victoza lawsuits are back on track over Pancreatic Cancer claims with the recent Ninth Circuit Court of Appeals rulings. Pancreatic Cancer Lawsuits Over Januvia, Byetta, and Victoza moving again. Byetta, Januvia, and Victoza lawsuits are back on track over Pancreatic Cancer claims with the recent Ninth Circuit Court of Appeals rulings. The federal appeals court reactivated more than 750 Byetta, Januvia, Janumet, and Victoza lawsuits brought by folks diagnosed with pancreatic cancer, from the use of these medications. Unfortunately, popular type 2 diabetic medications Byetta, Victoza, Januvia, and Janumet have been linked to an increased risk of pancreatitis and pancreatic cancer. Plaintiffs blame the drug makers who they allege knew about the development of pancreatic cancer in many cases, yet failed to warn patients and the doctors. Byetta, Victoza, Januvia, and Janumet are a new class of diabetes medications, known as Incretin Mimetics . Byetta (exenatide) made by Amylin Pharmaceuticals, Inc. and Bristol-Myers Squibb is a type 2 diabetes drug which was approved by the FDA in April 2005 to help reduce blood sugar levels. Byetta is a twice-daily injectable drug. Januvia (sitagliptin) made by Merck was approved in October 2006 as the first in a new class of diabetes medications, known as dipeptidyl peptidase-4 (DPP-4) inhibitors. Janumet combines Januvia and metformin for diabetics who do not achieve good glucose control from the single medication. Victoza (liraglutide) made by Novo Nordisk is a once-daily injectable type 2 diabetes drug it was approved by the FDA in 2010. Hundreds of Pancreatic Cancer Lawsuits Centralized in California In July 2013, all pancreatic cancer cas Continue reading >>

Januvia Class Action Lawsuit Claims & Cash Settlements Attorneys Ready

Januvia Class Action Lawsuit Claims & Cash Settlements Attorneys Ready

Cases associated with Januivaare acute, and brief. In UCLA, a clinical study discovered that taking Januivaincreases the risk of pancreatitis six-fold, and that cases usually develop in less than two months. Januivais also linked to pancreatic cancer. Pancreatic cancer tumors can grow without symptoms and sometimes arent detected until the cancer gets more serious. According to a study done at UCLA, patients taking Januivahave more than double the risk of developing pancreatic cancer. The longer a patient has been taking the drug, the higher the risk of cancer. Alabama (AL), Alaska (AK), Arizona (AZ), Arkansas (AR), California (CA), Colorado (CO), Connecticut (CT), Delaware (DE), Florida (FL), Georgia (GA), Hawaii (HI), Idaho (ID), Illinois (IL), Indiana (IN), Iowa (IA), Kansas (KS), Kentucky (KY), Louisiana (LA), Maine (ME), Maryland (MD), Massachusetts (MA), Michigan (MI), Minnesota (MN), Mississippi (MS), Missouri (MO), Montana (MT), Nebraska (NE), Nevada (NV), New Hampshire (NH), New Jersey (NJ), New Mexico (NM), New York (NY), North Carolina (NC), North Dakota (ND), Ohio(OH), Oklahoma (OK), Oregon (OR), Pennsylvania (PA), Rhode Island (RI), South Carolina (SC), South Dakota (SD), Tennessee (TN), Texas (TX), Utah (UT), Vermont (VT), Virginia (VI), Washington (WA), Washington DC (DC), West Virginia (WV), Wisconsin (WI), Wyoming (WY) Our lawyers and attorneys can provide information on how to file Januvia lawsuits in the following cities: New York, Chicago, Philadelphia, Detroit, Indianapolis, Columbus, Baltimore, Boston, Seattle, Washington, Milwaukee, Denver, Louisville, Los Angeles, Las Vegas, Nashville, Oklahoma City, Portland, Phoenix, Houston, Tucson, Albuquerque, Atlanta, San Antonio, San Diego, San Francisco, Dallas, Colorado Springs, Arlington, Wichita, Long Continue reading >>

Byetta, Januvia And Victoza Lawsuit Head To Trial In 2020

Byetta, Januvia And Victoza Lawsuit Head To Trial In 2020

If you or a loved one has been injured as a result of a prescription medication or defective medical device, you may be entitled to fair compensation. Diabetes Drug Lawsuits Involving Byetta, Januvia, and Victoza Move Forward, as Federal Court Adopts New Bellwether Trial Schedule for Pancreatic Cancer Claims Diabetes drug lawsuits filed against the manufacturers of Byetta, Januvia and Victoza are moving forward once again, as a federal court housing hundreds of pancreatic cancer claims recently adopted a new schedule that could allow bellwether trials to begin in January 2020. Case Management Order issued in the U.S. District Court, Southern District of California, on March 21st, the parties have been directed to begin work on a bellwether trial protocol to be finalized no later than December 14, 2018. The filing deadline for Daubert and summary judgment motions is set for December 11, 2018. Oppositions are due January 11, 2019, while replies must be submitted by February 8, 2019. The Court will hear arguments on any pending motions on February 20, 2019. With resolution of the summary judgments, unless ordered earlier, the parties will select the Bellwether cases pursuant to the previously described protocol, and will engage in necessary case specific discovery, the Order concludes. Trials will be set commencing January of 2020. As bellwether trials, verdicts in those cases could provide insight into how other juries will rule in similar pancreatic cancer lawsuits involving Byetta, Januvia and Victoza. Byetta, Januvia and Victoza belong to a class of Type 2 diabetes drugs called incretin mimetics. These medications mimic the action of incretin hormones, which are produced by the gut to stimulate the release of insulin in response to a meal. Diabetes drug lawsuits invol Continue reading >>

Pancreatic Cancer Linked To Drugs Byetta And Januvia

Pancreatic Cancer Linked To Drugs Byetta And Januvia

Pancreatic Cancer Linked to Drugs Byetta and Januvia There is a class of drugs used to treat diabetes called incretin mimetics. Research has shown that those drugs may be responsible for increased risks to patients for pancreatic cancer and pancreatitis. Some drugs that are included in that classification are Byetta and Januvia. Byetta and Januvia are drugs that are considered incretin mimetics, which means drugs that mimic incretin hormones. They are designed to help diabetics with type 2 diabetes regulate their blood sugar by increasing incretin hormones that the body normally produces once a meal is eaten, in order to stimulate the production of insulin. Research has shown that these drugs may increase the risk up to six times of pancreas issues in patients that use them in their treatment. Byetta was approved by the FDA in 2005. By 2007, the FDA already had concerns with high numbers of patients taking the drug who developed pancreatitis and issued an alert. In 2009, the FDA also issued an alert for Januvia. In 2013, the FDA went further and issued another alert warning about the link between the drugs and pancreatic cancer and thyroid cancer. Pancreatitis and pancreatic cancer are both serious conditions. Pancreatitis involves inflammation of the pancreas and can cause painful conditions. Chronic pancreatitis can reduce life expectancy by about 10 to 15 years, and greatly increases the odds of contracting pancreatic cancer. Pancreatic cancer is one of the most aggressive and deadly forms of cancer. Even if caught early, the prognosis is usually poor. Because of the very serious nature of pancreatitis and pancreatic cancer, there is a serious concern among patients who are taking Byetta or Januvia. Many lawsuits have already been filed for victims of the drugs who Continue reading >>

All About The Januvia And Victoza Pancreatic Cancer Lawsuits

All About The Januvia And Victoza Pancreatic Cancer Lawsuits

The federal court overseeing the nationwide Januvia and Victozia pancreatic cancer litigation appointed Mr. Kennerly to the “Plaintiffs’ Steering Committee,” the group of plaintiffs’ lawyers responsible for building the case against Merck, the manufacturer of Januvia and Janumet, and Novo Nordisk, the manufacturer of Victoza. I’ve written several posts going back to 2012 about the link between Januvia and pancreatic cancer. Below is an brief summary of the science behind the cases. As of January 2018, there are several different groups of Januvia lawsuits: a federal multidistrict litigation based in the federal court in San Diego, a state consolidated litigation in Los Angeles, and scattered lawsuits filed in other states. No jury trials have been held. Correspondingly, there have been no Januvia or Victoza lawsuit settlements: the drug companies still vehemently deny any responsibility, and the litigation is simply too new for any settlement discussions yet. I represent a wide variety of clients who developed pancreatic cancer after taking Januvia, clients on both sides of the country and everywhere in between, clients ranging in age from their forties to their eighties. Our law firm has filed Januvia and Victoza cases in all of the courts identified above, and we are continuing to file cases. We review cases free of charge, and we represent clients on a contingent fee. (That is, we pay all costs on the case, and only charge a fee if we recover compensation.) The Causes Of Pancreatic Cancer, And The Cancer’s Relationship To Diabetes If you’re reading this page, then likely you or someone you know was diagnosed with pancreatic cancer. You already know that the prognosis is typically poor, even with aggressive treatment. Pancreatic cancer is typically asymp Continue reading >>

Januvia Class Action Lawsuit Information

Januvia Class Action Lawsuit Information

The diabetes drug Januvia (sitagliptin) controls blood-sugar levels by stimulating the pancreas to make more insulin. Unfortunately, recent studies suggest it could over-stimulate the pancreas and lead to inflammation, pancreatitis, or even pancreatic cancer. As the FDA investigates these risks, hundreds of lawsuits have been filed and centralized in one federal court in California. The Schmidt Firm, PLLC is currently accepting Januvia induced injury cases in all 50 states. If you or somebody you know was diagnosed with pancreatic cancer, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Drug Litigation Group or call us toll-free 24 hours a day at (866) 920-0753. In the United States, most large and complex drug injury litigation is resolved in a Multi-District Litigation (MDL) rather than a class action. This is a federal action that allows class actions and individual lawsuits to be transferred from many state courts into one federal court. Unlike a class action, lawsuits transferred into an MDL remain independent. Hundreds of Lawsuits Centralized in California In July 2013, federal judges issued an order (PDF) to centralize all lawsuits involving pancreatic side effects of diabetes drugs in the incretin mimetic class, including Januvia. Plaintiffs in the litigation allege that drug-companies downplayed the risk of pancreatic cancer. By January 2016, over 750 lawsuits were transferred into the U.S. District Court for the Southern District of California, under Judge Antony J. Battaglia: In Re: Incretin Mimetics Products Liability Litigation MDL. No one knows if Januvia causes pancreatic cancer , but evidence of a potential risk has been growing for years. Januvia treats diabetes by increasing ho Continue reading >>

Januvia Pancreatic Cancer Lawsuits | Janumet Attorney

Januvia Pancreatic Cancer Lawsuits | Janumet Attorney

Januvia & Janumet Pancreatic Cancer Lawsuits We are investigating potential lawsuits throughout the United States for claims on behalf of victims who took the drugs and have suffered from pancreatic cancer. These lawsuits will allege product liability, negligence, and failure to warn claims against Merck & Co., Inc., the manufacturer. These drugs used to treat specific types of diabetes. Januvia is a prescribed pill taken once-daily to help manage blood sugar in adults with type-2 diabetes. Janumet is a prescription used to manage blood sugar in adults with type-2 diabetes mellitus. Type-2 diabetes (also known as adult-onset diabetes and non-insulin dependent diabetes) affects the bodys metabolization of sugar. With type-2 diabetes, the body is either resistant to the effects of insulin or does not manufacture enough insulin. The effect is that the body cannot maintain a normal glucose level. Januvia and Janumet are new classes of drugs known as sitagliptin which are dipeptidyl peptidase-4 (DPP-4) inhibitors or blockers. These DPP-4 blockers help the body to manage blood sugar levels. They increase the amount of insulin manufactured by the pancreas when blood sugars are their highest (usually after eating). They also lower the amount of sugar manufactured by the liver after eating, when the body does not need it. What are the Warning Signs and Dangers of Januvia and Janumet? Januvia and Janumet may cause acute pancreatitis and, as you will see below, pancreatic cancer. On September 25, 2009, the FDA issued a warning to healthcare professionals that the drugs have been associated with 88 cases of acute pancreatitis (including hemorrhagic and necrotizing pancreatitis) by patients using sitagliptin. These 88 cases were found using the FDAs post-market surveillance and occ Continue reading >>

Januvia, Byetta And Victoza Lawsuits

Januvia, Byetta And Victoza Lawsuits

Judges consolidated lawsuits against the makers of Type 2 diabetes drugs Januvia, Janumet, Byetta and Victoza in MDL No. 2452 in California federal court. Plaintiffs claim drug manufacturers failed to warn about the risk of pancreatic cancer and pancreatitis. Januvia, Byetta and Victoza Lawsuit Facts DefendantsMerck, Amylin, Eli Lilly, Novo Nordisk Prescription drugs Januvia, Janumet, Byetta and Victoza are popular Type 2 diabetes treatments, but reports of dangerous side effects including pancreatitis and pancreatic cancer raised questions about whether the drugs risks outweigh their benefits. People who suffered from these side effects filed lawsuits against the makers of these drugs, Merck (Januvia and Janumet), Amylin and Eli Lilly (Byetta) and Novo Nordisk (Victoza). In May 2013, the U.S. Food and Drug Administration issued safety communications linking the drugs, collectively called incretin mimetics, to serious complications such as pancreatic diseases. The agency also advised the public it was investigating the drugs link to pancreatic cancer. After the agency stated some studies suggested a link between these drugs and pancreatic cancer, the first lawsuits alleging the drugmakers failed to warn about the risk landed in courts across the country. Federal judge in California dismissed all cases in the MDL in '15 In 2013, the United States Judicial Panel on Multidistrict Litigation (JPML) consolidated these cases in California federal court in multidistrict litigation (MDL) number 2452, In Re: Incretin Mimetics Products Liability Litigation. In November 2015, the presiding judge, Anthony J. Battaglia, granted summary judgement in favor of the defendants. Summary judgement means the judge dismissed all cases in the MDL. Plaintiffs attorneys filed an appeal in Sept Continue reading >>

Court Allows Hundreds Of Januvia, Trulicity, Victoza Lawsuits To Move Forward In 2018 Over Pancreatic Cancer

Court Allows Hundreds Of Januvia, Trulicity, Victoza Lawsuits To Move Forward In 2018 Over Pancreatic Cancer

Court Allows Hundreds of Januvia, Trulicity, Victoza Lawsuits to Move Forward in 2018 over Pancreatic Cancer Court Allows Hundreds of Januvia, Trulicity, Victoza Lawsuits to Move Forward in 2018 over Pancreatic Cancer A federal appeals court recently signed an order resurrecting around 750 lawsuits filed against the makers of drugs like Januvia, Victoza, Janumet, Byetta/Bydureon, Trulicity and Tradjenta over links to pancreatic cancer. This both revives a class action-type lawsuit thats been ongoing since 2013, and also paves the way for those diagnosed with pancreatic cancer in recent years to file new claims. The Incretin Drug Pancreatic Cancer Class Action The incretin Drug Products Liability Litigation Court, also known as multidistrict litigation (MDL) 2452, was created in August 2013 in the Southern California Federal District to centralize a surge of cases filed around the country. These cases all shared a common trait: patients had been diagnosed with pancreatic cancer after taking a type 2 diabetes drug in the incretin class. And although the drug makers had warned of the risk of pancreatitis, they never warned of the danger for full-blown pancreatic cancer. The so-called incretin mimetics class is aptly named because they promote production of a specific metabolic hormone known as incretin. This is normally released after meals to make insulin, fight the spike of blood sugar levels, and limit absorption of foods. And, while some studies around 2013 were showing these drugs could increase chances for pancreatitis and pancreatic cancer, others found that they were safe. Regardless, the class action lawsuit grew quickly to several hundred cases. Trial Court Erroneously Dismisses 749 Lawsuits Unfortunately, even before more studies could be conducted to check the Continue reading >>

Judge Battaglia's Ruling Reversed; Hundreds Of Byetta, Victoza, Januvia And Janumet Lawsuits Reinstated

Judge Battaglia's Ruling Reversed; Hundreds Of Byetta, Victoza, Januvia And Janumet Lawsuits Reinstated

Judge Battaglia's ruling reversed; hundreds of Byetta, Victoza, Januvia and Janumet lawsuits reinstated Home / News & Events / News / Judge Battaglia's ruling reversed; hundreds of Byetta, Victoza, Januvia and Janumet lawsuits reinstated At least 700 Byetta lawsuits, Januvia , Janumet, and Victoza lawsuits, belonging to MDL 2452 were reinstated through a federal court appeal made by plaintiffs who allege they developed pancreatic cancer following the use of the diabetes drugs made by these manufacturers. In November 2015, Judge Battaglia granted a summary judgment in favor of the defendants following a preemption protocol, dismissing all the cases which were a part of MDL 2452. Following this, in September 2016, the plaintiff attorneys filed an appeal to the Federal Appeals Court stating that Judge Battaglia misinterpreted the U.S. Supreme Court preemption law, responding to which the court ruled in favor of the plaintiffs. The court also overturned a discovery decision which had denied the plaintiffs' requests for documents from the drug makers stating it was unduly burdensome and also allowed some of the previously denied testimony by one of the plaintiffs' expert witnesses. The litigation will continue to be presided by Judge Battaglia for further proceedings. The announcement of bellwether trials is expected soon. Continue reading >>

Januvia Pancreatic Cancer Lawsuit

Januvia Pancreatic Cancer Lawsuit

Byetta, Victoza, Januvia, and Janumet are a new class of diabetes medications, known as Incretin Mimetics . Unfortunately, Byetta, Victoza, Januvia, and Janumet have been linked to an increased risk of pancreatitis and pancreatic cancer. Byetta, Victoza, Januvia, and Janumet are a new class of diabetes medications, known as Incretin Mimetics. Unfortunately, Byetta, Victoza, Januvia, and Janumet have been linked to an increased risk of pancreatitis and pancreatic cancer. According to injured plaintiffs, the drug makers knew these medications may increase the development of pancreatic cancer, but they failed to warn diabetic patients and the doctors. The diabetes drug Januvia (sitagliptin) controls blood-sugar levels by stimulating the pancreas to release more insulin. Recent studies suggest it could over-stimulate the pancreas leading to inflammation, known as pancreatitis, or may cause pancreatic cancer. As the FDA investigates these risks, hundreds of lawsuits have been filed and centralized in one federal court in California. Hundreds of Pancreatic Cancer Lawsuits Centralized in California In July 2013, the JPML judges centralized all pancreatic cancer cases from the use of Byetta, Januvia, and Victoza. By January 2016, over 750 lawsuits were transferred to the U.S. District Court for the Southern District of California, overseen by Judge Antony Battaglia: In Re: Incretin Mimetics Products Liability Litigation MDL . Following coordinated discovery and pretrial proceedings, Judge Battaglia granted a motion for summary judgment in 2015, finding that the claims were pre-empted by federal law, in other words, that these companies were immune from lawsuits. Plaintiffs appealed that decision to the U.S. Court of Appeals for the Ninth Circuit, which issued an opinion on Dec Continue reading >>

Appeals Court Reinstates Diabetes Drug Pancreatic Cancer Lawsuits

Appeals Court Reinstates Diabetes Drug Pancreatic Cancer Lawsuits

The firm is once again accepting these cases in light of a recent appellate court order reversing a lower courts decision to dismiss hundreds of such claims on the grounds that they were preempted by federal law. Byetta, Januvia, Janumet, Victoza and Onglyza all belong to a class of Type 2 diabetes drugs called incretin mimetics. These medications mimic the action of incretin hormones, which are produced by the gut to stimulate the release of insulin in response to a meal. Diabetes drug lawsuits involving these medications began to mount after a number of reports suggested that patients treated with incretin mimetics were more likely to develop pancreatic cancer. Plaintiffs accused the drugs manufacturers of failing to provide doctors and patients with adequate warnings regarding this risk. In August 2013, the U.S. Judicial Panel on Multidistrict Litigation ordered all federally-filed incretin mimetics lawsuits transferred to U.S. District Judge Anthony J. Battaglia of the Southern District of California, so that the docket could undergo coordinated discovery and other pretrial proceedings. Judge Battaglia would go on to grant summary judgment for the defendants in November 2015, effectively dismissing all 749 diabetes drug lawsuits pending in the proceeding. In doing so, he asserted that plaintiffs could not pursue their failure to warn claims because the U.S. Food & Drug Administration (FDA) had never required incretin mimetic manufacturers to include pancreatic cancer warnings on their product labels. In addition to preventing plaintiffs from introducing new safety information into evidence, Judge Battaglias ruling also barred their regulatory expert from testifying about about the information. Plaintiffs appealed Judge Battaglias decision to the U.S. Court of Appea Continue reading >>

Incretin Mimetics & Life After Appeals

Incretin Mimetics & Life After Appeals

Incretin Mimetics Cases See Signs of New Life on Appeal As we have previously reported, safety concerns regarding incretin mimetics (such as Byetta, Januvia/Janumet and Victoza), led to more than a thousand lawsuits being filed across the country. Reports suggest that people taking the medications for the treatment of Type 2 diabetes may be at an increased risk of developing pancreatic cancer. In August 2013, those lawsuits were consolidated in a Multi-District Litigation (MDL), before Judge Anthony J. Battaglia, in the United States District Court for the Southern District of California. The litigation suffered an unexpected setback when, in November 2015, the trial court granted summary judgment, essentially dismissing the claims. One of the primary bases for that ruling, in very basic terms, was that the trial court found that the plaintiffs claims were preempted, because the courts should not be able to second guess the agency in charge of regulating how drugs should be labeled (the Food and Drug Administration or FDA). The trial court basically ruled that, since it would have been the FDAs job to require or approve a change in the labeling of these drugs to warn of a connection to pancreatic cancer, the plaintiffs would be prohibited from pursuing their claims in court regardless of whether the drug makers had hidden information from, or misrepresented information to, the FDA. So, because the FDA did not require, and would not have allowed, such warnings on the drug label, the claims for failure to warn were dismissed. That, and other issues, were appealed, and in December 2017, the United States Court of Appeals for the Ninth Circuit reversed the trial courts decision. The appellate court essentially found that the trial court should have considered and permitted Continue reading >>

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