A motion was filed on October 11, 2017, by one of the persons suing Bristol-Myers Squibb Company and other defendants to transfer and consolidate all Onglyza® and Kombiglyze® cases into an MDL (multidistrict litigation) in the Northern District of California. The motion was filed with the United States Judicial Panel on Multidistrict Litigation. Currently, there are 44 actions pending across the United States, including several cases in Louisiana.
Why Should the Cases be Consolidated?
The motion and brief in support of the motion provide several reasons why the plaintiff believes all 44 Kombiglyze® and Onglyza® lawsuits should be transferred and consolidated for pretrial proceedings. Among the reasons listed in the motion, the plaintiff points out that the lawsuits allege the same facts and legal causes of action. The suits allege the defendants are guilty of defective design, failure to warn, and breach of warranty.
Because the actions involve similar questions of law and similar allegations of wrongful conduct, it would be more convenient for all parties involved for the cases to be transferred and consolidated. Furthermore, discovery and evidence in these cases will be similar, so the plaintiff alleges it is best to consolidate the cases.
In addition, consolidating the cases will prevent the possibility of inconsistent pretrial rulings because the cases would be heard by numerous judges. It is argued that consolidation of the cases into an MDL will result in an efficient and effective judicial process.
Why Have People Filed Lawsuits Related to Onglyza® and Kombiglyze®?
Onglyza® and Kombiglyze® were developed and marketed as treatments for type 2 diabetes. The drug manufacturer began marketing the drugs in July 2009. It was not until after the drugs were marketed and sold that the manufacturer conducted crucial testing to determine the drugs’ side effects related to heart failure, congestive heart failure, cardiac failure, and death from heart failure. The lawsuits allege that the defendants disregarded patient safety in favor of profits.
It is known that type 2 diabetics have an increased risk for cardiovascular disease. Therefore, any drugs developed and marketed for the treatment of type 2 diabetes should be tested and evaluated to determine the drugs’ impact on cardiovascular health. The lawsuits allege that at no time during the development of the drugs did any of the defendants perform any tests that would have satisfied the FDA’s recommendations from 2008 directing companies to determine if their type 2 diabetes drugs increased the risk of cardiovascular problems.
It was only well after the marketing of the drugs did the defendants conduct studies and trials to determine the impact on cardiovascular health. The study conducted by the defendants showed patients using the drugs had a statistically significant increased risk of being hospitalized because of heart failure. Upon reviewing the data, the FDA conducted its own analysis of the study’s raw clinical trial data. The FDA’s Endocrinologic and Metabolic Drugs Advisory Committee advised that the defendants must add a heart failure warning for both drugs. One person on the panel voted against the warning because that person felt the warning was insufficient and the drugs should be withdrawn from the market. Defendants failed to issue warnings or withdraw the drugs from the market.
What Should I Do?
If you are taking or have taken the type 2 diabetes drugs Kombiglyze® or Onglyza® and developed heart failure, contact our New Orleans Onglyza® attorneys immediately. We are a nationwide pharmaceutical litigation law firm that can help you seek compensation for your injuries and damages caused by a defective drug.
Call Attorney Fred Olinde of The Olinde Firm for a free consultation and free case evaluation today. Call our office at (504) 587-1440 or 1-800-587-1889 to discuss your legal options with an Onglyza® lawsuit attorney.