Byetta and Januvia lawsuits have been consolidated into multidistrict litigation (MDL) to facilitate the processing of claims made by plaintiffs hoping to recover compensation for injuries caused by the Type II diabetes drugs. On December 2, the court approved the use of a master complaint and short form complaint for all pending cases filed in the Byetta MDL. This means that one complaint was drafted and accepted that combines general questions of both fact and common law related to the pending lawsuits.
An experienced drug recall lawyer knows that multidistrict litigations are common in cases involving defective drugs and medications because these products often cause harm to thousands of people. Master complaints can make it easier for a judge to make decisions on certain issues relevant to all cases consolidated in the MDL and master complaints clearly outline the parameters of the case against the defendants. Master complaints do not consolidate the separate claims of plaintiffs and do not necessarily include all claims asserted by individual plaintiffs. Master complaints include allegations that are common to the majority of plaintiffs who take action after a drug recall or after studies show that a drug may be linked to serious unexpected side effects.
Master Complaint in the Byetta Lawsuits
Byetta and Januvia have been linked to an increased risk of pancreatic cancer. Plaintiffs who took the diabetes medications claim that they were not adequately warned of the risks of cancer when taking the drugs, and allege that the drug manufacturer may have been aware of the cancer risk but concealed it from the medical community as well as from consumers and the public. Plaintiffs indicate that they would not have taken the drugs if they were aware of the cancer risk, and that any benefits associated with the use of Byetta as compared with older diabetes medications would not be sufficient to outweigh the risks associated with the potential development of pancreatic cancer.
More than 150 lawsuits filed by plaintiffs alleging Byetta problems were consolidated in to the U.S. Southern District of California, while other defective drug claims continue outside of this MDL as well. The master complaint outlines certain claims that the plaintiffs in the consolidated MDL have and lists nine causes of action in the litigation:
- Strict liability for failure to warn consumers of the risks of the drug
- Strict liability as a result of a design defect in the drug that made it too dangerous for use
- Negligence for breach of a legal duty owed to consumers
- Breach of implied warranties made about the medications
- Breach of express warranties the company explicitly made
- Punitive damages, which are designed to punish the defendant if it intentionally misled the public
- Loss of consortium, which is a cause of action that provides compensation when family members lose a close relationship with a loved one because of injury or death due to the drug defect
- Wrongful death
- Survivor actions
These types of allegations are very common to drug recall cases, and their inclusion in the master complaint is not surprising as each of these causes of action could potentially result in liability being imposed on the defendant for injuries caused by Byetta.
The Law Office of Jeffrey D. DeCarlo, P.A. represents clients nationwide harmed by defective drugs. Call 877-572-0065 today to schedule your free consultation.