At least 700 Byetta lawsuits, Januvia, Janumet, and Victoza lawsuits, belonging to MDL 2452 were reinstated through a federal court appeal made by plaintiffs who allege they developed pancreatic cancer following the use of the diabetes drugs made by these manufacturers.
In November 2015, Judge Battaglia granted a summary judgment in favor of the defendants following a preemption protocol, dismissing all the cases which were a part of MDL 2452. Following this, in September 2016, the plaintiff attorneys filed an appeal to the Federal Appeals Court stating that Judge Battaglia misinterpreted the U.S. Supreme Court preemption law, responding to which the court ruled in favor of the plaintiffs. The court also overturned a discovery decision which had denied the plaintiffs' requests for documents from the drug makers stating it was unduly burdensome and also allowed some of the previously denied testimony by one of the plaintiffs' expert witnesses.
The litigation will continue to be presided by Judge Battaglia for further proceedings. The announcement of bellwether trials is expected soon.