6 Frequently Asked Questions About a Byetta Lawsuit

11/18/2022

If you or a loved one took Byetta and were diagnosed with pancreatic cancer, contact Byetta lawsuit lawyer Timothy L. Miles

ATTENTION: BYETTA PATIENTS DIAGNOSED WITH PANCREATIC CANCER
If you took Byetta for type-2 diabetes and took the drug as directed and developed pancreatic cancer after starting Byetta therapy, contact Byetta lawsuit lawyer Timothy L. Miles today to see if you are eligible for a Byetta lawsuit and possibly entitled to substantial compensation.

Byetta (exenatide) was the first of a new class drugs used to treat type 2 diabetes drugs known as glucagon-like peptide 1 (GLP-1) receptor agonists which generated a lot of early excitement with added benefits including a low risk of hypoglycemia and successful weight loss. However, early optimism was halted by reports that Byetta and similar drugs were a possible risk factor for pancreatitis and pancreatic cancer.

There have been hundreds of pancreatic cancer lawsuits filed against the manufacturers of Byetta, Victoza, Janument, and Januvia. These lawsuits were all transferred the Southern District of California by the Judicial Panel on Multidistrict Litigation for coordinated and pretrial discovery and proceedings. A ruling by the trial judge in 2015 appeared to end the case until a recent court of appeals decision in favor of the Byetta plaintiffs holding their claims may proceed in federal court.

If you or a loved one took Byetta and were diagnosed with pancreatic cancer, contact Byetta lawsuit lawyer Timothy L. Miles today to see if you are eligible for Byetta lawsuit and possible entitled to substantial damages. (855) Tim-M-Law (855-846-6529).

Read on for answers to six frequently asked questions about a Byetta lawsuit.

What Is Byetta?

Call a Byetta Lawsuit Lawyer today and see if you are eligible for a Byetta lawsuit

Byetta (exenatide) is a medicine used to treat type 2 diabetes. It is glucagon-like peptide-1 (GLP-1) receptor agonist. A receptor agonist drug means that it binds to a certain receptor and causes the same action as the substance that normally binds to that receptor. Byetta, by binding to and activating the GLP-1 receptor, tells your body to release more insulin, stops the body from releasing more sugar, and slows down digestion.

Byetta is a solution for injection available in pre‑filled pens of 5mcg or 10 mcg. The shots are given by the patient twice a day by injection under the skin in the abdomen, thigh or upper arm. The starting dose of Byetta is 5 mcg, twice a day before a meal. After four weeks, the dose can be increased to 10 mcg depending on how well your blood sugar levels respond to Byetta injections.

What Is the Problem with Byetta?

Incretin mimetic drugs such as Byetta regulate the production of incretin, a type of hormone that stimulates the release of insulin in the body. Byetta does this by injecting patients with a substance that mimics a particular incretin called Glucagon-Like Peptide-1 (GLP-1). Byetta lawsuits allege this process overstimulates the pancreas causing cells in the pancreas to multiply resulting in pancreatic cancer.

Is There a Link Between Byatta and Pancreatic Cancer?

A number of scientific studies support plaintiff claims that Byetta causes pancreatic cancer.

In 2010, researchers wrote in the journal Diabetes Care that “there is a plausible risk that long-term recipients of GLP-1-based therapy may develop asymptomatic pancreatitis… and worse, a minority of individuals treated by this class of drugs may develop pancreatic cancer.”
Research published in 2011 in the journal Gastroenterology found a reported event rate for pancreatic cancer that was 2.9 times greater in patients treated with Byetta compared to those treated with other diabetes medications.
Adverse event data from the Drug Commission of the German Medical Association found an unusually high incidence of pancreatic cancer associated with Byetta. The data showed an average of 12.2 months between the start of treatment with Byetta and a diagnosis of pancreatic cancer.
A case-controlled epidemiological study on the effect of GLP-1 drugs on the pancreas published in JAMA in 2013 concluded that an association between GLP-1s and pancreatitis “may be causal.” This is significant because antecedent pancreatitis is the most common risk factor for subsequent pancreatic cancer.

What Is the Status of the Byetta Lawsuits?

The JMDL ordered that 749 incretin mimetic cases filed against leading manufacturers Novo Nordisk, Merck & Co., and Eli Lilly Co. be coordinated for pretrial proceedings in one multi-district litigation and transferred the MDL cases to the Southern District of California and assigned to Judge Anthony Battaglia. The Byatta cancer lawsuits, all allege the drugs cause pancreatic cancer and that the manufacturers failed to warn doctors and patients of the risk.

In 2015, Federal Battaglia dismissed the then 744 lawsuits alleging a failure-to-warn in favor of the defendants' argument that the FDA would have prevented them from putting a pancreatic cancer warning on their drug labels, and since the FDA is a federal agency, it overrides state laws.

In September 2016, plaintiffs asserted that Judge Battaglia had misinterpreted federal preemption law. In December 2017, a Ninth Circuit judicial panel agreed, and ruled in favor of plaintiffs, claiming that Judge Battaglia misinterpreted the Supreme Court ruling in Buckman Co. v. Plaintiffs' Legal Committee which states that private parties cannot pursue state law tort claim alleging violations of the Food, Drug, and Cosmetic Act (FDCA). The court of appeals also ruled that consumers claimed defendants violated the common law duty to warn, which falls outside the FDCA.

What Do the Byetta Lawsuits Allege?

The specific claims against Eli Lilly/Amylin and other drug companies include:

Failure to warn: The manufacturers allegedly did not provide adequate warnings about the pancreatic cancer risks of Byetta and other GLP-1s.
Design defect: Byetta and similar drugs allegedly contain a defective formulation and are unreasonably dangerous.
Negligence: The defendants allegedly knew or should have known that the drugs create a high risk of developing pancreatic cancer.

How Do I Know if I am Eligible for a Byetta Lawsuit?

If you meet the following criteria, you may be eligible for a Byetta lawsuit:

You were prescribed Byetta for type-2 diabetes and took the drug as directed
You developed pancreatic cancer after starting Byetta therapy
Pancreatic cancer caused you to suffer damages (such as medical expenses and loss of income)

Plaintiffs may also seek claims related to the wrongful death of a loved one who was prescribed Byetta and developed fatal pancreatic cancer.

Call a Byetta Lawsuit Lawyer If You Took Byetta and Were Diagnosed with Pancreatic Cancer?

If you or a loved one took Byetta and were diagnosed with pancreatic cancer, you may be eligible to file a Byetta lawsuit. Contact Byetta lawsuit lawyer Timothy L. Miles today and see if you meet the requirements for a Byetta lawsuit and could be eligible for substantial compensation. (855) Tim-M-Law (855-846-6529).

Timothy L. Miles, Esq.

Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, and more. Please visit our website.