9th Cir. Upholds Dismissal of Victoza Failure-to-Warn Claims for Lack of Expert Testimony

SAN FRANCISCO — A federal appeals panel has refused to reinstate a case accusing Novo Nordisk A/S of failing to warn that its incretin-based diabetes drug Victoza (liraglutide) can case pancreatic cancer, finding the trial court did not abuse its discretion in barring the testimony of plaintiffs’ sole expert witness.

In a March 28 memorandum, the 9th Circuit U.S. Court of Appeals panel noted the expert, Dr. Robert Gale, was “alone” in the scientific community in his view that Victoza causes cancer, and did not independently review studies published since 2015 finding no such link.

Plaintiffs allege they developed pancreatic …