New York, New York (PRWEB) September 06, 2011
Parker Waichman Alonso LLP announces that they have filed a lawsuit against Takeda Pharmaceuticals and Eli Lilly on behalf of a New York State man who developed bladder cancer after taking the type II diabetes medication, Actos, for many years. The lawsuit was filed in U.S. District Court for the Northern District of New York (Docket No 6:11-cv-01046).
According to the Actos lawsuit, Plaintiff Clement Dabiere was prescribed and began taking Actos upon directions of his physicians. On September 22, 2010, he was diagnosed with bladder cancer. The lawsuit alleges that because of his use of Actos over many years, Mr. Dabiere sustained severe, permanent and life-threatening personal injuries, pain, suffering, emotional distress, and lifelong fear of premature death. It further alleges that because of his use of Actos, he will require continued lifelong monitoring, treatment and medications. According to the complaint, Mr. Dabiere would not have used Actos had the Defendants properly disclosed the risks associated with its long-term use.
Actos, known generically as pioglitazone, was approved to treat type II diabetes in 1999. According to Mr. Dabiere’s complaint, Actos is now one of the Defendants' top-selling drugs, and in 2008, it was the 10th best-selling medicine in the U.S. Actos, which had global sales last year of $4.8 billion, now accounts for 27 percent of Takeda's revenue.
On September 17, 2010, the U.S. Food & Drug Administration (FDA) announced it had begun an Actos safety review after preliminary data from a study conducted by Kaiser Permanente demonstrated that the risk of bladder cancer increases with increasing dose and duration of Actos use, reaching statistical significance after 24 months. On June 15, 2011, the FDA issued another safety communication stating that use of Actos for more than one year may be associated with an increased risk of bladder cancer. When compared to persons never treated with Actos, taking the drug for more than 12 months was associated with a 40 percent increase in the risk of developing bladder cancer, the agency said. The FDA mandated that new information about this risk be added to the "Warnings and Precautions" section of the Actos label.
Just days earlier, France, and then Germany, suspended sales of Actos in those countries, after a separate study commissioned by the French government found an increased risk of bladder cancer among people who took Actos the longest, and at the highest cumulative doses. The study drew data from the French National Health Insurance Plan, and followed 1.5 million patients for four years (2006-2009). Takeda officially withdrew Actos from the market in France in July 2011.
Mr. Dabiere's complaint alleges that the Defendants promoted Actos as a safe and effective treatment for type II diabetes, even though they knew or should have known that taking Actos for longer than 12 months increased the risk of bladder cancer. The lawsuit charges Takeda and Eli Lilly with, among other things, negligence; three counts of strict products liability, including failure to warn; breach of express warranty; breach of implied warranties; and fraud and deceit. The lawsuit seeks compensatory and punitive damages, as well as attorney's fees and other costs on behalf of Mr. Dabiere.
Parker Waichman Alonso LLP continues to offer free legal consultations to victims of Actos. If you or a loved one were diagnosed with bladder cancer after taking Actos, please contact their office by visiting the firm's Actos injury page at http://www.yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
For more information regarding Actos bladder cancer lawsuits and Parker Waichman Alonso LLP, please visit: http://www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).
Contact: Parker Waichman Alonso LLP
David Krangle, Managing Attorney