Millions of Americans struggle with weight loss, and many people do not see positive results with diet and exercise alone. As a result, many patients opt for medications to help with their lifestyle changes — but one medication, Belviq, may lead to dangerous side effects.
After a post-approval study revealed that Belviq and its stronger formulation, Belviq XR, may raise patients’ risk of cancer, the United States Food and Drug Administration (FDA) asked for the voluntary recall of these medications. If you developed pancreatic, colorectal, or lung cancer after using Belviq, you have legal options available to you — and the San Diego Belviq attorneys at Estey & Bomberger, LLP are here to guide you through the litigation process.
Why Choose Us
- Many defective drug lawsuits settle outside of the courtroom during negotiations, and countering corporate attorneys can be difficult alone. Our San Diego personal injury attorneys have extensive negotiation experience, allowing us to enter these discussions with confidence.
- Our case results speak for themselves. Our firm has a 99% case success rate and has secured over $500 million in compensation for our clients over the last five years alone.
- If your case does not settle, our Belviq attorneys will not hesitate to bring your case to the courtroom. With over 40 years of combined legal experience, we understand the skills and resources necessary to advocate for your best interests during trial.
What Evidence Shows Belviq Can Cause Cancer?
It is common for the FDA to ask drug manufacturers for additional studies after approving the medication in question. After its initial approval, the FDA ordered Eisai Inc., the manufacturer of Belviq and Belviq XR, to conduct a study on the drug’s cardiovascular side effects. Since many weight loss medications can place stress on the heart, this additional research was necessary to prove that Belviq was not dangerous.
The resulting study did not show a higher rate of adverse cardiovascular side effects among Belviq patients. However, the data did reveal a disturbing trend among patients’ risk for cancer — while only 7.1% of placebo patients received a cancer diagnosis, 7.7% participants in the Belviq group developed cancer over the study’s period. While this 0.6% difference may seem small, it was significant enough for the FDA to request a voluntary recall of Belviq and Belviq XR. The company complied with this request, but remains adamant that Belviq’s benefits outweigh the potential cancer risk.
Types of Cancers Linked to Belviq
Three types of cancer emerged among Belviq patients: colorectal, pancreatic, and lung. Each of these conditions can lead to serious pain, continued discomfort, and death.
- Pancreatic cancer affects the pancreas, which is responsible for insulin production, digestion, and the regulation of other hormones. Symptoms of pancreatic cancer may include abdominal pain, nausea, fatigue, and jaundice. Pancreatic cancer has a low survival rate — only 37% of patients with localized cancer survive after five years, while only 3% of patients whose cancer spreads throughout their body survive during this time period.
- Lung cancer affects our ability to breathe without pain, and symptoms may include a persistent cough, blood in the spit or phlegm, shortness of breath, and severe fatigue. Like pancreatic cancer, lung cancer patients also see low survival rates. 61% of localized lung cancer patients survive after five years, while distant spread results in a 6% survival rate.
- Colorectal cancer develops in the colon, which is an integral part of the digestive system. With colorectal cancer, patients may experience abdominal pain, blood in the stool, changes in bowel habits, and weight loss. The five-year survival rate for localized colorectal cancer is 90%, while patients with a distant spread experience a 14% survival rate.
If you receive a cancer diagnosis, you will need to receive intensive medical care. You may need to go through multiple rounds of chemotherapy, undergo surgery to remove cancerous tumors, and take medication to manage your condition and the treatment’s side effects. The more advanced your cancer is, the more intense your treatment will need to be.
Your Legal Options After Taking Belviq
All drug manufacturers have a duty to ensure that their medications are safe. If they fail to uphold this duty by creating a defective product or failing to warn patients of certain risks, these manufacturers may be liable for their patients’ damages. If you are a former Belviq patient who developed cancer after using this medication, you can hold Eisai, Inc. accountable through a civil lawsuit.
Filing a civil lawsuit allows you to collect monetary damages for the financial impact of your cancer, such as medical expenses, disability accommodations, and lost wages. You may also receive compensation for the physical pain and emotional suffering you endure due to your condition.
To qualify for a Belviq lawsuit, you must meet the following criteria.
- You developed pancreatic, colorectal, or lung cancer.
- You developed one of these cancers within seven years of taking Belviq or Belviq XR.
- The cancer began in the colon, pancreas, or lungs. You cannot file a lawsuit if it spread from another location to these organs.
- You took Belviq or Belviq XR for a period of six months or more. These months do not have to be consecutive.
When you actually file your claim, you will need to establish the manufacturer’s liability with strong evidence, such as medical records, witness testimony, scientific data, and documentation of your Belviq usage. You and your attorney will need to prove the following four facts to secure a settlement in a Belviq lawsuit.
- You received a cancer diagnosis after taking Belviq.
- Belviq is a defective medication.
- Belviq’s defect caused you to develop cancer.
- You used Belviq as the manufacturer intended.
If you believe that you may qualify for legal action, speak to your lawyer to confirm your eligibility. Your attorney will take the first steps toward filing your lawsuit in California civil court and begin a preliminary investigation into your claim.
Were You Diagnosed with Cancer After Taking Belviq?
Receiving a cancer diagnosis is a traumatic experience, and if your cancer develops due to Belviq use, you deserve justice. Estey & Bomberger, LLP can help you obtain the compensation you need to recover from your losses.
Our extensive experience in product liability and personal injury law provides us with the tools you need to face Belviq’s manufacturers in the courtroom. Contact Estey & Bomberger, LLP today to schedule a free consultation with one of our San Diego Belviq lawyers.