Januvia Pancreatic Cancer Lawsuits: The Claims

Lawsuits Being Filed Against Merck

The skilled team of Sullo & Sullo attorneys is reaching out to those who have been harmed by the diabetes drug, Januvia. Certain diabetic drugs currently on the market affect the GLP-1 metabolic pathway while keeping type 2 diabetes under control. Januvia is one such drug; although the drug gained FDA approval in October, 2006, adverse reports began coming in soon after. The FDA issued multiple healthcare provider alerts regarding Januvia beginning in 2007 which noted the increased risk of acute pancreatitis and pancreatic cancer. By 2011, University of California researchers reviewed the current Januvia data and concluded that patients who took Januvia had three times the risk of pancreatic cancer, taking other factors into account.

As noted, the active ingredient in Januvia, sitaglipin, interferes with the GLP-1 metabolic pathway residing in the pancreas duct, resulting in a very real risk of pancreatitis and pancreatic cancer. In fact, research done in March, 2013, concluded patients taking Januvia had twice the risk of acute pancreatitis which in turn correlated to an increase in pancreatic cancer. Because most Januvia users had no idea of the risks involved with the drug, lawsuits are being filed against the manufacturer of Januvia, Merck & Co. As of April, 2013, there is one consolidated proceeding involving multiple pancreatic cancer lawsuits pending in state court in Los Angeles, California.


Motion to Consolidate

Another motion is currently pending which requests the creation of a federal MDL in the Southern District of California. This motion would consolidate the more than one dozen cases already filed in the area. Thus far, while many lawsuits have been filed, none have yet gone to trial, meaning no jury verdicts or settlements have resulted. There is a “bellwether” trial slated to take place this summer which claims sitaglipin was responsible for pancreatic cancer in the patient. In light of the pending MDL, it is possible this bellwether trial could be postponed.


Januvia Potential Class Action vs. Mass Tort or MDL

For those who are wondering whether they should join a class action suit against Januvia manufacturer, Merck & Co., it is important to understand the difference between a class action lawsuit and a mass tort, or MDL. In a class action lawsuit plaintiffs share such things as discovery and representation. All claims are tried at once and should the court find for the plaintiffs, the settlement amount is split equally between all plaintiffs. Class action suits do not differentiate between those who were more seriously harmed as opposed to those who suffered minor damages.

The MDL or mass tort also shares resources and has a team of common representation however there is a serious difference: the plaintiffs in an MDL remain individualized. This means that plaintiffs who suffered more harm can potentially receive larger settlements that are more commensurate with their injuries. For those who have been seriously harmed by Januvia, a class action suit would be unlikely to compensate them fairly for their damages.


Pancreatitis and Pancreatic Cancer Risk from Januvia

It is expected that Merck & Co. will assert that diabetics are more vulnerable to developing pancreatitis than those without diabetes. While this argument may have some validity, research nevertheless shows Januvia significantly increases the risks of pancreatic cancer, pancreatitis and other serious side effects as well. A recent small study of those taking diabetes drugs such as Januvia which contain sitaglipin showed the drug affected pancreatic cell growth and caused damage which could turn cancerous. In addition to the studies, there are an increasing number of reports to the FDA of pancreatitis and pancreatic cancer among patients taking Januvia when compared to diabetics taking other drugs.


Did Merck Fail to Warn?

Many Januvia pancreatic cancer attorneys believe there was a serious failure to warn on the part of Merck regarding the potential hazards of the drug. Neither medical practitioners nor pharmaceutical consumers were made aware of the risk of serious, even potentially fatal, Januvia side effects including pancreatitis, pancreatic cancer, thyroid cancer and other serious medical symptoms. Those victims of Januvia who believe they have a Januvia diabetic drug lawsuit, should consult with a reputable, experienced attorney in order to determine whether they have a valid case.


What Factors Determine Whether You Have a Januvia Lawsuit?

Our Sullo & Sullo attorneys will never advise potential clients to pursue a case unless we have carefully looked at every aspect and believe this is the best course of action. For those who have taken Januvia and experienced only minor side effects but thankfully have not developed more serious diseases such as pancreatic or thyroid cancer our attorneys may advise that a lawsuit would offer few benefits. However for those who took Januvia in good faith, believing it was safe, and have developed more serious effects, a Januvia lawsuit could pay for all medical expenses which resulted from the drug as well as lost wages and pain and suffering. Those victims of Januvia who have a very strong case could benefit from the aggressive representation of Sullo & Sullo Januvia lawsuit attorneys.


Sullo & Sullo Can Provide Legal Assistance

The lawyers of Sullo & Sullo, LLP, have the experience and background necessary to handle serious injury or death cases related to a defective drug such as Januvia. Our attorneys are highly knowledgeable in filing “Januvia” legal action in order to try and get victims of the drug compensation for their injuries. Sullo & Sullo, LLP is very much a client-focused firm with a reputation for exemplary personal attention and passionate advocacy for the future of our clients. Our Januvia lawsuit attorneys will thoroughly evaluate each individual case and will work with our clients in order to define and achieve their objectives.


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