STORY FROM: Drugs & Medical Devices

Calif. Court Reinstates Suit Accusing Diabetes Drug Makers of Failing to Warn of Pancreatic Cancer

LOS ANGELES — A California appellate court has reinstated a lawsuit accusing the makers of four diabetes drugs of failing to warn of the risk of pancreatic cancer, ruling that the trial court should have considered newly discovered scientific evidence that the Food and Drug Administration had not previously evaluated in approving the drugs’ warning labels.

In a Nov. 6 opinion, the California Court of Appeal, 2nd District, held that the U.S. Supreme Court’s ruling in Buckman Co. v. Plaintiffs’ Legal Committee did not bar the trial court from considering such evidence. The appellate court noted that only a portion ...

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