9th Cir. Asked to Reinstate Incretin Drugs MDL Following Preemption Ruling

SAN DIEGO — Plaintiffs in the federal incretin mimetic drugs multidistrict litigation are appealing a federal judge’s ruling that their claims are preempted because they failed to present “newly acquired information” warranting an enhanced warning concerning a link between the diabetes drugs and pancreatic cancer.

Plaintiffs filed their notice of appeal to the 9th Circuit U.S. Court of Appeals on April 5.

Plaintiffs allege they developed pancreatic cancer after receiving incretin mimetic drugs such as Januvia, Byetta, Janumet and Victoza to treat their type 2 diabetes. The Judicial Panel on Multidistrict Litigation created the MDL after medical literature suggested a …