More than 540 plaintiffs alleging they developed pancreatic cancer by taking one of four Incretin-based drugs have asked a federal judge to reconsider his ban on discovery into adverse events involving those drugs that were reported to the Food and Drug Administration.
Plaintiffs lawyers from Johnson Becker in Minneapolis; Watts Guerra in San Antonio, Texas; Napoli, Bern, Ripka & Shkolnik in New York and Tor Hoerman Law in Edwardsville, Ill., said that U.S. District Judge Anthony Battaglia relied upon old case law rendered before the U.S. Supreme Court ruling in Wyeth v. Levine.
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