Robert J. Boumis  |  August 18, 2014

Category: Legal News

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Nexium Class Action Lawsuit SettlementAstra Zeneca, the maker of Byetta and Bydueron, has settled 84 product liability lawsuits claiming the diabetes drugs caused patients to develop cancer, but face hundreds more. AstraZeneca’s quarterly report highlights many of the details, including the number of Byetta lawsuits AstraZeneca is facing—and how much money the drug continues to earn for the company.

Byetta belongs to the same class of diabetes drugs as Januvia, Janumet and Victoza. This family of drugs is designed to help control the blood sugar levels of people suffering from type-2 diabetes. However, these drugs have been alleged to increase a patient’s risk of developing life-threatening pancreatic cancer. This has resulted in mass Byetta cancer lawsuits as well as litigation over Januvia, Janumet and Victoza cancer claims.

Per the company’s second-quarter report for 2014, AstraZeneca is currently facing 409 drug liability lawsuits over Byetta and Bydueron (the report does not differentiate between the two closely-related drugs). The report also states that the drug maker has reached settlement agreements for 84 cases pending in district court in California.

The document also makes reference to the ongoing multidistrict litigation (MDL) over Byetta and related drugs like Januvia in district court. MDLs are a coordinated group of lawsuits that act almost like a single large lawsuit or class action lawsuit. MDLs have much in common with class action lawsuits, in that both involve a large number of plaintiffs allege that they have suffered similar harm at the hands of the same defendants. MDLs are more common than class action lawsuits in drug litigation, since it is unlikely that drug lawsuit plaintiffs can find each other and coordinate a hypothetical Byetta class action lawsuit, but are likely file individual suits similar enough for coordination into a single MDL.

It is worth noting that the same report detailed profits earned off Byetta and Bydueron during the same time frame. During same quarter Byetta and Bydueron made $148 million for the company in the U.S. alone, and their share of total prescriptions in the U.S. was 19.9%, up .3 percentage points since a year before.

The Byetta cancer lawsuits against AstraZeneca and other companies that made related drugs allege that the manufacturers of these drugs were aware—or reasonably should have been aware—of the serious risks associated with these drugs. The lawsuits further allege that in spite of these risks, drug makers downplayed these risks, endangering the public while continuing to gain income from these allegedly-dangerous drugs. Byetta lawsuits typically seek to recoup the cost of medical care, lost wages, court fees, and other costs related to pancreatic cancer on the allegation that these drugs caused it.

The Byetta MDL (which also includes Januvia and related drugs) is In Re: Incretin-Based Therapies Products Liabilities Litigation, MDL No. 2452, in US District Court for the Southern District of California.

In general, Byetta pancreatic cancer lawsuits are filed individually by each plaintiff and are not class actions.

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