New York, New York (PRWEB) April 27, 2012
Parker Waichman LLP, a national law firm dedicated to protecting the rights of people injured by defective drugs, announces that they have filed a lawsuit on behalf of a West Virginia man who was diagnosed with bladder cancer after using the type 2 diabetes medication, Actos, for several years. The lawsuit, which names Takeda Pharmaceuticals, Inc. and Eli Lilly as Defendants, was filed on April 25, 2012, in U.S. District Court, Western District of Louisiana (Case No. 6:12-cv-01001).
According to the complaint, the Plaintiff was prescribed and began taking Actos in the manner in which it was prescribed in 2005. Plaintiff was diagnosed with bladder cancer. The lawsuit alleges that because of his use of Actos over many years, the Plaintiff 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, the Plaintiff will require continued lifelong monitoring, treatment and medications.
Actos, known generically as pioglitazone, was approved to treat type II diabetes in 1999. According to the 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 in the last year of $4.8 billion, now accounts for 27 percent of Takeda's revenue.
The lawsuit points out that the U.S. Food & Drug Administration (FDA) announced on September 17, 2010 that 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. [fda.gov/drugs/drugsafety/ucm259150.htm]
Just days earlier, according to the lawsuit, France and 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 issued a recall of Actos in France on July 12, 2011, the complaint states. [takeda.com/press/article_42712.html]
The lawsuit 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. Takeda and Eli Lilly are charged with, among other things, Negligence; three counts of Strict Products liability, including Failure to Warn; Breach of Express and Implied Warranty; and Fraud and Deceit. The charges also include one count of Loss of Consortium on behalf of the Plaintiff's wife. The lawsuit seeks compensatory and punitive damages, as well as attorney's fees and costs and any other relief the Court deems just and proper.
The lawsuit is one of many now pending in the Western District of Louisiana as part of In Re: Actos (Pioglitazone) Products Liability Litigation (MDL 2299). Jerrold S. Parker, founding partner of Parker Waichman LLP, has been appointed to the Plaintiffs' Steering Committee in the Actos Litigation. [lawd.uscourts.gov/MDL2299/html/news.html]
Parker Waichman 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 side effect lawsuits and Parker Waichman LLP, please visit http://www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney