Victoza is a type of medication that is often prescribed to help individuals with Type 2 diabetes to control their blood sugar levels. The lawsuit against Victoza alleges that the manufacturers failed to provide sufficient warning labels about the potentially severe side effects of the drug.
These side effects can include an increased risk of thyroid cancer and pancreatitis. This lawsuit falls under the warning defect theory in product liability law, where a manufacturer can be held responsible for not adequately informing consumers about a product’s potential risks.
The lawsuit against Victoza is a legal action taken by hundreds of patients who claim that the drug, which is used to treat type 2 diabetes, caused them to develop pancreatic or thyroid cancer. Victoza is part of a class of drugs called incretin mimetics, which mimic a natural hormone that boosts insulin production in the pancreas.
The plaintiffs allege that the manufacturer of Victoza, Novo Nordisk, failed to warn them and their doctors of the serious risks associated with the drug and engaged in illegal practices to promote its use without disclosing the potential side effects. They seek compensation for their medical expenses, lost income, pain and suffering, and other damages.
The lawsuit against Victoza is currently pending in a multidistrict litigation (MDL) in the Southern District of California, where it is consolidated with similar lawsuits against other incretin mimetics, such as Januvia, Byetta, and Janumet. The MDL is in the middle of hearings as of late 2020.
In 2017, Novo Nordisk agreed to pay $58.65 million to settle a whistleblower lawsuit filed by the federal government, which accused the company of violating the False Claims Act and the Food, Drug, and Cosmetic Act by misrepresenting the safety and efficacy of Victoza and paying kickbacks to doctors to prescribe it. However, this settlement did not resolve the individual claims of the patients who developed cancer from taking Victoza.
The whistleblower lawsuit against Novo Nordisk was filed by Peter Dastous, a former sales representative for the company, in 2010. He alleged that Novo Nordisk engaged in illegal marketing, promotion and sale of Victoza by:
- Misrepresenting the safety and efficacy of the drug to doctors and patients
- Paying kickbacks to doctors to prescribe the drug for unapproved uses, such as weight loss
- Disguising salespeople as medical educators who provided biased information about the drug
- Failing to report adverse events and side effects of the drug to the FDA
- Obstructing an FDA-mandated risk evaluation and mitigation strategy for the drug
Dastous’ lawsuit was one of seven whistleblower lawsuits filed by 11 individuals against Novo Nordisk under the False Claims Act, which allows private citizens to sue on behalf of the government for fraud against federal healthcare programs, such as Medicare and Medicaid.
Who Can Be Held Liable for Victoza Injuries?
In a product liability lawsuit like this one, the manufacturer of Victoza, Novo Nordisk, can potentially be held liable for any injuries caused by the medication.
This is because manufacturers have a legal duty to ensure their products are safe for use and to provide adequate warnings about potential side effects. If they fail in this duty, and a user is harmed as a result, they can be held responsible.
What Are the Legal Remedies Available in a Victoza Lawsuit?
Victims in a Victoza lawsuit may be entitled to receive compensation for their damages, including medical treatment costs, lost wages due to inability to work, and pain and suffering. In some cases, punitive damages may also be awarded, which are meant to punish the defendant and deter similar conduct in the future.
In some situations, many people have been harmed by the same product. In these cases, a class action suit could be filed. This is a lawsuit where a group of people who have suffered similar harm from the same product or action sue the defendant as a group.
Let’s break down each of these types of damages.
Medical Treatment Costs
If a patient can prove that their use of Victoza led to severe health complications that required medical treatment, they could seek compensation for the costs of that treatment. This could include doctor visits, hospital stays, surgeries, medication, and any future medical expenses related to the condition.
For example, if the use of Victoza resulted in the development of pancreatitis, a plaintiff would need to present medical bills and expert testimony linking the medication to the ailment to recoup these costs.
Lost Wages
If a Victoza user became so ill that they were unable to work for a period, they might be able to recover the wages they lost during that time. In some cases, if the illness was so severe that it resulted in permanent disability or impacted the person’s ability to earn in the future, they could seek damages for lost earning capacity.
For instance, if a person had to miss work frequently for doctor appointments or was unable to continue working in their current job due to the side effects from the medication, they would need documentation such as pay stubs and possibly testimony from an occupational expert to establish these lost wages or lost earning capacity.
Pain and Suffering
This refers to the physical pain and emotional distress a person has suffered due to their illness. These are more subjective and can be difficult to quantify, but they’re usually determined based on the severity of the illness, the amount of physical pain or mental anguish experienced, and how the injury impacts the individual’s daily life. If a person experienced significant mental distress, such as depression or anxiety as a result of their illness, they would likely need to provide testimony from a mental health professional to substantiate these claims.
Punitive Damages
These damages are not tied to the victim’s losses. Instead, they are intended to punish the responsible party for particularly reckless or harmful behavior and to deter similar conduct in the future. For example, if it’s determined that the manufacturer knew about the severe side effects of Victoza but concealed this information from the public, a court may award punitive damages.
These damages often require a higher standard of proof, such as clear and convincing evidence of the manufacturer’s malfeasance.
Class Action Damages
If a group of individuals has all been harmed in a similar way by Victoza, they might choose to file a class action lawsuit. In this situation, if the lawsuit is successful, the damages would be divided among the members of the class. Each class member’s portion would likely be based on the extent of their individual injuries and losses.
For example, if a large group of people all developed thyroid cancer after taking Victoza and the court determined that the manufacturer was at fault, the total damages would be split among the cancer victims, with those who suffered the most severe or life-altering impacts likely receiving a larger share.
In all of these situations, a skilled lawyer would be essential in gathering the necessary evidence, advocating on your behalf, and navigating the legal complexities of the case.
Do I Need a Lawyer for Help with a Victoza Lawsuit?
If you or a loved one has suffered adverse side effects from using Victoza, it may be in your best interest to contact a defective products lawyer. These types of cases can be complex and require a thorough understanding of product liability law. A skilled attorney can help to gather evidence, represent your interests in court, and ensure you receive the compensation you deserve.
LegalMatch can help you find a pre-screened lawyer to guide you through the legal process. Get started today with LegalMatch’s quick and easy online system.
