Master Complaint Filed for Incretin Mimetics Lawsuits

A master complaint was drafted on behalf of all plaintiffs who have filed Byetta and Januvia lawsuits under MDL 2452 against all named defendants. The complaint combines general questions of fact and law common to the incretin mimetic lawsuits pending under multidistrict litigation.

“This Master Complaint does not necessarily include all claims asserted in all of the transferred actions to this Court, nor is it intended to consolidate for any purpose the separate claims of the Plaintiffs herein,” states the document.

Common allegations in Byetta and Januvia lawsuits

The master complaint notes that the plaintiffs who filed Byetta and Januvia lawsuits under the MDL were prescribed the drugs from the long-term maintenance of Type II diabetes, or as otherwise prescribe. However, the plaintiffs “suffered severe physical, economic, and emotional injuries as a result of said drugs, including but not limited to the Injured Party being diagnosed with pancreatic cancer,” states the complaint.

The plaintiffs allege they were unaware the drugs would cause harm and would not have been prescribed or ingested them if they had known otherwise.

The complaint accuses defendants of knowing about the risk of pancreatic cancer, but concealing it from other consumers, the general public, and the medical community.

“Even if the warnings were sufficient, which Plaintiff strongly denies, the Drugs still lack any benefit sufficient to tolerate the extreme risk posed by the ingestion of these drugs. Other drugs to treat diabetes are available. The Drugs are quite simply too dangerous and defective as formulated. The Defendants should withdraw the Drugs from the market,” notes the complaint.

Master complaint causes of action

On behalf of the plaintiffs represented under the MDL, the master complaint brings nine causes of action, including:

• Count One: Strict Liability ─ Failure to Warn
• Count Two: Strict Products Liability ─ Design Defect
• Count Three: Negligence
• Count Four: Breach of Implied Warranty
• Count Five: Breach of Express Warranty
• Count Six: Punitive Damages
• Count Seven: Loss of Consortium
• Count Eight: Wrongful Death
• Count Nine: Survivor Action

 About Incretin mimetic lawsuits

Plaintiffs who have filed Janumet, Victoza, Januvia and Byetta lawsuits commonly claim the companies engaged in the following improper behaviors:

• Failing to conduct adequate clinical testing on the drugs prior to placing them on the market.
• Failing to advise the medical community on the pancreatic cancer risk posed by incretin mimetics like Januvia.
• Focusing on profits instead of the safety of patients.
• Over-promoting the drugs and under-promoting their potentially harmful risks associated with them, including both pancreatic and thyroid cancer.
• Failing to meet required laws, regulations and class and product specific requirements.

Approximately 150 product liability cases are currently pending under multidistrict litigation in the U.S. District Court for the Southern District of California, against the manufacturers of Januvia, Byetta, Janumet, and Victoza. Plaintiffs claim they developed pancreatic cancer as a side effect of taking incretin mimetics.

MDL 2452 was established in August 2013 and Judge Anthony J. Battaglia is presiding over the cases. Litigation was centralized to elimination duplicate discovery, prevent inconsistent pretrial rulings, and conserve the resources of both parties and the courts.