Troutman Pepper Hamilton Sanders LLP advised Eli Lilly on the deal.
Drug maker Eli Lilly successfully obtained the dismissal in both federal and state court of all claims that Byetta, an injectable type-2 diabetes treatment it formerly promoted, allegedly caused pancreatic cancer.
A California federal court overseeing the In re Incretin multidistrict litigation threw out hundreds of plaintiffs’ claims based on federal preemption because the FDA provided clear evidence that a label change was not possible and because there was not sufficient evidence that Byetta (or other incretins) were associated with pancreatic cancer. The court also found that the plaintiffs failed to provide admissible expert evidence that Byetta (or other incretins) cause pancreatic cancer.
The Superior Court of California tossed out the several hundred claims for similar reasons as the federal court, noting that plaintiffs’ experts relied on outdated studies and ignored recent scientific literature on the subject.
The Troutman Pepper Health Sciences Litigation team, led by partner Barry Boise (Picture), advised Eli Lilly throughout the litigation. The Troutman Pepper team included partners Andrew Kantra and Kenneth King and senior counsel Nina Gussack.
Involved fees earner: Barry Boise – Troutman Pepper Hamilton Sanders LLP; Nina Gussack – Troutman Pepper Hamilton Sanders LLP; Andrew Kantra – Troutman Pepper Hamilton Sanders LLP; Kenneth King – Troutman Pepper Hamilton Sanders LLP;
Law Firms: Troutman Pepper Hamilton Sanders LLP;
Clients: Eli Lilly;