Hiring a Qualified Januvia Lawyer
The type 2 diabetes drugs Januvia and Byetta have been the subject of serious concern and heightened scrutiny, as multiple post marketing and academic research studies have linked these medications to increased risk of pancreatitis, kidney failure, pancreatic cancer and thyroid cancer.
2013 alone has seen three distinct studies in which the safety of these pharmaceuticals has been seriously questioned, and the U.S. Food and Drug Administration has issued Safety Communications of its own discussing the need for additional study of the risk of pancreatitis and other illnesses posed by the drugs. For these reasons, growing numbers of individuals across the country have begun their search for a qualified Byetta & Januvia attorney to help them seek compensation for injuries caused by their use of the medication.
Product liability lawyers are reviewing Januvia & Byetta cases
Product liability and personal injury attorneys nationwide are reviewing cases on behalf of those who have received a diagnosis of pancreatic cancer or other related illness after taking Januvia and/or Byetta.
Common allegations in lawsuits already filed on behalf of Januvia & Byetta victims include:
- Merck & Co., the drug manufacturer, had knowledge of the medication’s risk of causing pancreatic cancer and failed to inform physicians and patients
- Januvia does not bear sufficient warning labels
- Merck did not instruct prescribing physicians to watch patients for signs of pancreatic change
- Merck continues to promote the drug as effective and safe
- Januvia represents an extreme and unacceptable risk not outweighed by its benefits
- Merck minimized known risks and over-promoted the drug
How an experienced Januvia lawyer can help secure justice
Dangerous drug litigation involves a complex area of the law. Successful plaintiffs must be able to assemble a large volume of evidence and expert testimony in order to prevail. Given the extensive fact-finding and scientific review that go into theses cases, it is never advisable for injury victims to attempt to go it alone. Pharmaceutical giants such as Merck & Co. have massive legal teams and sizable litigation budgets at their disposal, and they are not afraid to use them.
A Januvia lawyer with experience doing battle with large drug manufacturers and securing positive outcomes for clients can greatly boost a plaintiff’s chances of receiving the settlement or jury award they truly deserve.
Januvia and Byetta victims may be operating under the assumption that because the FDA has sounded the alarm about the possible link between the drug and pancreatitis, and because several scientific studies seem to verify the danger, their case will be easy to establish in court. However, each and every plaintiff has the burden of demonstrating that his or her injuries were directly caused by Januvia, and this can be a daunting task even for seasoned attorneys.
By enlisting the aid of a Januvia and Byetta lawyer who has experience delving into drug makers’ research and development processes, safety approvals, testing protocols and marketing tactics, the chances of success increase markedly.
A capable product liability lawyer will get to work immediately, taking authoritative and timely steps to:
- Secure all relevant documentation pertaining to their client’s medical treatment and history
- Conduct a comprehensive review of the studies linking Byetta & Januvia to pancreatic cancer and other illnesses
- Consult with recognized experts to coordinate testimony
- Serve as a firm pre-trial negotiator
- Provide aggressive advocacy at trial, should earlier resolution prove impossible
What to look for in a Januvia attorney
Those who have been harmed by dangerous drugs or medical devices will surely attest to the fact that when it comes to finding a lawyer to help pursue claims against manufacturers, the options seem endless. However, it is important for prospective plaintiffs to look for a very specific list of traits in prospective legal counsel, in order to stand the best possible chance of success.
Your product liability lawyer should offer:
- Demonstrable record of handling dangerous drug, product liability and personal injury cases
- Proven results in terms of positive client outcomes
- Willingness to offer personalized attention and frequent communication
- Access to an expansive network of medical experts, researchers and case investigators
- A wealth of experience at each stage of litigation, including discovery, pre-trial negotiations and trial
Pitfalls to be avoided by those seeking a Januvia lawyer
Seeking attorneys who possess the characteristics described above is a good way to find a high-quality Januvia or Byetta lawyer, but it is also important to note that there are some common pitfalls that should be avoided when securing legal representation in product liability cases involving pharmaceuticals.
To prevent the possibility of undermining their legal claims, prospective plaintiffs should:
- Try not to be influenced by flashy or dramatic advertising. Many personal injury lawyers spend vast sums on marketing in order to generate a high volume of clients. But, advertising alone does not equal substantive experience. It is always critical that claims made in marketing campaigns about experience and credentials be supported by evidence before any attorney is hired.
- Not give excessive weight to personal recommendations from friends and family. While soliciting such referrals can be great when it comes to hiring plumbers or roofers, such suggestions are unlikely to prove useful when it comes to hiring a seasoned, effective Januvia lawyer. It is unlikely that these recommendations will link you to an attorney with specific experience litigating dangerous drug cases, and in terms of going up against an industry giant such as Merck & Co., it is vital to have the assistance of lawyers who have been in that arena before and won.
- Avoid being overly concerned about geographical considerations. While it may make intuitive sense to look for a Januvia lawyer in the immediate local area, it is important for prospective plaintiffs to realize that because the defendant is a large, multinational pharmaceutical firm, location is actually a non-issue. Though access to and contact with the selected attorney is important, most matters these days can be handled via telephone, email and video conferencing. It may even be that only one in-person meeting is necessary in order to begin the attorney-client relationship and get the lawsuit underway. For these reasons, all injury victims should keep their focus on experience, qualifications and previous results, not the physical location of the lawyer’s office.
Compensation available in Januvia lawsuits
Those currently filing lawsuits against the makers of Januvia, Byetta and similar diabetes drugs are seeking damages for the health consequences they have sustained as a result of using the medications, including pancreatitis and various cancers. It may be possible for victims to receive compensation for medical expenses, lost wages, and reduced quality of life.
Compensatory damages may also be available for pain and suffering and loss of marital relationships. In some circumstances, punitive damages for the drug maker’s negligence and disregard of public safety may be obtainable with the help of an experienced personal injury lawyer.
Federal lawsuits pertaining to Januvia and similar medications have been consolidated in a Multidistrict Litigation (MDL) under the purview of the U.S. District Court for the Southern District of California and Judge Anthony J. Battaglia. The purpose of the MDL is to group cases making similar allegations together to foster efficiencies in the fact-finding stage, provide for consistency in pre-trial rulings and create economies of resources.
Prospective plaintiffs should remember that even though similar cases have been consolidated in this way, they will retain full control over their individual lawsuit and possible verdict or settlement. Several hundred actions against the manufacturers of diabetes drugs such as Januvia have already been filed, with many more expected to follow.
- Consumer Reprots, New concerns over Byetta and Januvia underscore the value of older and cheaper diabetes drugs, http://www.consumerreports.org/cro/news/2013/03/new-concerns-over-byetta-and-januvia-underscore-the-value-of-older-and-cheaper-diabetes-drugs/index.htm
- JAMA Internal Medicine, Glucagonlike Petptide 1-Based Therapies adn Risk of Hospitalization for Acute Pancreatitis in Type 2 Diabetes Mellitus: A Population-Based Matched Case-Control Study, http://archinte.jamanetwork.com/article.aspx?articleid=1656537
- FDA, FDA Drug Safety Communication: FDA investigating reports of possible increased risk of pancreatitis and pre-cancerous findings of the pancreas from incretin mimetic drugs for type 2 diabetes, http://www.fda.gov/Drugs/DrugSafety/ucm343187.htm