The first lawsuit of which I am aware involving Byetta was filed last week in California in San Diego Superior Court. The nature of the allegations are that Amylin and Eli Lilly failed to adequately test Byetta before the drug was approved in 2006 and, more importantly many think, and after Byetta came out on the market and their were numerous reports of pancreatitis. The lawsuit also claims that these companies failed to warn of the risks they knew or should have know about Byetta.
Product liability lawyers have to listen to what their clients want them to do. Personally, in developinglitigation like Byetta, I do not see the value in filing the first lawsuit. These cases evolve and 90% of the time, the science gets better and better because the plaintiffs’ lawyers and their experts get a better and better feel for the drug. The history of successful mass tort cases is frequently the first wave of lawsuits, the defendants get creamed. As time goes on, the Plaintiffs’ lawyers get wiser and the tide turns.