Federal Court Overseeing Byetta Lawsuits, Other Incretin Mimetic Claims Establishes Deadlines Pertaining to Discovery, Bernstein Liebhard LLP Reports

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The Firm is evaluating Byetta lawsuits on behalf of individuals who allegedly developed pancreatic cancer, pancreatitis or thyroid cancer, due to their use of the Type 2 diabetes medication.

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Our Firm has heard from a number of individuals who allegedly suffered pancreatic cancer, pancreatitis or thyroid cancer due to their use of Byetta and other incretin mimetics. We are pleased to see that discovery is moving forward in this proceeding.

Hundreds of Byetta lawsuits (http://www.byettalawsuit.com) and other incretin mimetic claims continue to move forward in a federal multidistrict litigation underway in U.S. District Court, Southern District of California, Bernstein Liebhard LLP reports. According to a Case Management Order dated July 1, 2014, the Court has established deadlines for certain issues pertaining to discovery. Among other things, the Order stipulates that the deposition of custodians, which will begin on September 2, 2014, is to be completed by October 14th. The deposition of experts is to be completed by March 6, 2015. (In Re: Incretins Products Liability, Sales and Marketing Litigation, MDL 2452)

“Our Firm has heard from a number of individuals who allegedly suffered pancreatic cancer, pancreatitis or thyroid cancer due to their use of Byetta and other incretin mimetics. We are pleased to see that discovery is moving forward in this proceeding,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently offering free Byetta lawsuit evaluations to patients who may have been harmed by this drug.

Byetta Pancreatic Cancer Litigation
Court documents indicate that more than 400 product liability claims have been filed in the Southern District of California on behalf of individuals who were allegedly harmed by incretin mimetics, including Byetta, Januvia and Victoza. Among other things, plaintiffs with claims pending in the proceeding allege that the manufacturers of these drugs concealed their potential to harm the pancreas, and failed to provide doctors and patients with adequate warnings about this risk.

In additional to the cases pending in the federal proceeding, court records indicate that a number of Byetta lawsuits have been consolidated in a state-level litigation underway in California Superior Court. (In re: Byetta Cases, JCCP No. 4574)

The litigation surrounding incretin mimetics has been growing since March 2013, when the U.S. Food & Drug Administration (FDA) announced it was investigating findings from an unpublished study that indicated their use could be associated with cellular changes in the pancreas called pancreatic duct metaplasia, a precursor to cancer. Though the agency has been unable to conclude that such a link exists, its review is ongoing.

In April 2013, the Institute for Safe Medicine Practices revealed that the FDA had received 263 reports of pancreatitis, 71 cases of pancreatic cancer, and 14 incidents of thyroid cancer among patients taking Byetta in a single 12-month period. The same review also found that compared to other classes of diabetes medications, incretin mimetics were far more likely to be associated with pancreatic cancer.*

Individuals who used Byetta or another incretin mimetic may be entitled to compensation if they developed pancreatic cancer, pancreatitis, or thyroid cancer. To learn more about filing a Byetta lawsuit, please visit Bernstein Liebhard LLP’s website. For a free legal review, please call 800-511-5092.

*ismp.org/quarterwatch/pdfs/2012Q3.pdf, ISMP, April 2013

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.

Bernstein Liebhard LLP represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorneys fees unless their case results in a successful recovery on their behalf. New York State’s contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firm’s fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiff’s recovery.

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ATTORNEY ADVERTISING. © 2014 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter

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Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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