Facts

Plaintiffs in multidistrict litigation sued pharmaceutical drug makers Merck Sharp & Dohme Corp., Novo Nordisk Inc., Amylin Pharmaceuticals LLC and Eli Lilly and Co. relating to the failure to warn of allegedly harmful side effects from certain Type 2 diabetes medications. They asserted claims for strict liability-failure to warn, strict products liability-design defect, negligence, breach of implied warranty, breach of express warranty, punitive damages, loss of consortium, wrongful death and survival action.

PLAINTIFFS' CONTENTIONS:
Plaintiffs, who were prescribed and consumed the diabetes drugs Januvia, Janumet, Byetta, or Victoza, contended that defendants failed to warn that the drugs caused or created an increased risk of pancreatic cancer.

DEFENDANTS' CONTENTIONS:
Defendants argued that plaintiffs' claims were preempted.

Result

The court granted defendants' motion for summary judgment and denied plaintiffs' cross-motion for summary judgment, finding defendants' preemption defense dispositive of plaintiffs' failure-to-warn claims. It concluded that the U.S. Food and Drug Administration would have rejected a reference to pancreatic cancer in product labeling.

Other Information

According to defense, there was a JCCP ruling that also granted defendants summary judgment, issued by Judge William F. Highberger in Central Civil West. FILING DATE: Aug. 26, 2013.