Prescription drugs such as Invokana that are intended to treat type-2 diabetes have been pulled from the market recently. These drugs have been pulled from the market because they are considered unsafe due to a serious side effect. Another diabetes drug considered to have recently discovered serious side effects is Januvia.
What Is Januvia?
Januvia, manufactured by Merck, is a drug prescribed to adults with type-2 diabetes. It is also available in a combination pill called Janumet. The combination pill contains another diabetes drug called metformin. Both drugs are supposed to improve blood sugar when taken properly. The diabetes drug was approved for use for people with diabetes in October 2006.
What Are the Side Effects Connected with Januvia?
Januvia can cause low-grade pancreatitis and increase the risk of an individual developing pancreatic cancer. The risk of pancreatic cancer is higher in those taking the medication over a long period of time. In 2009, the FDA requested Merck update the warning label to include the serious side effect of necrotizing, or hemorrhagic, pancreatitis.
Can I Sue If I Developed a Serious Side Effect after Taking Januvia?
Yes. If you have experienced unexpected harm from taking drugs with serious side effects such as Januvia, you can sue the drug’s manufacturer under the theory of products liability for selling you a defective product.
What Is a Defective Product?
A defective product is one that causes injury or death to the individual using it because of:
- A defective design
- Manufacturing defective
- Defective marketing
The lack of warning about Januvia side effects is considered a marketing defect. The diabetes drug had flaws in the way it was marketed, such as:
- Improper labeling
- Inadequate safety warning
- Insufficient instructions
This is because Merck did not inform people taking the medication of the increased risk of pancreatitis, thereby failing to adequately warn consumers.
What Do I Have to Prove to Win a Januvia Side Effects Lawsuit?
A plaintiff has to prove three things to win:
- Januvia had a dangerous, unreasonable defect
- The defect caused the plaintiff’s injury while the medication was used in the way intended
- Januvia had not been altered from the way it was originally sold
Do I Need a Lawyer for a Januvia Lawsuit?
Being harmed by a side effect that you should have been warned about can impact your life in ways that you could not have anticipated. Contact a personal injury lawyer to learn more about your legal right to sue for any damages that may have resulted from Januvia harming you.