The Sixth Actos Verdict has been made in Favor of a Man Who Developed Bladder Cancer After Taking the Diabetes Medication, Parker Waichman LLP Comments

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The Philadelphia jury awarded the man $2 million: Actos was deemed a contributing factor to the man’s bladder cancer, Takeda was found to have not warned physicians concerning the drug’s cancer risks.

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“The Pennsylvania jury is the fourth jury to find liability against Takeda for cases involving claims that Actos caused the plaintiff to develop bladder cancer,” said Matthew J. McCauley, Senior Litigation Counsel for Parker Waichman LLP.

Parker Waichman LLP, a national law firm that has long been dedicated to protecting the rights of victims who have been injured by medications reports that a jury has awarded another multi-million dollar settlement in a lawsuit brought over Takeda Pharmaceutical Co. Ltd.’s diabetes drug, Actos (pioglitazone). The case is Frances Wisniewski v. Takeda Pharmaceuticals America Inc. et al., case number 120702272, in the Philadelphia County Court of Common Pleas.

The Philadelphia jury awarded $2 million in damages noting that Actos was a contributing factor in the plaintiff’s bladder cancer and that Takeda neglected to sufficiently warn physicians concerning risks associated with Actos, according to an October 6, 2014 International Business Journal (IBJ) report.

“The Pennsylvania jury is the fourth jury to find liability against Takeda for cases involving claims that Actos caused the plaintiff to develop bladder cancer,” said Matthew J. McCauley, Senior Litigation Counsel for Parker Waichman LLP.

In another case, Cooper v. Takeda Pharmaceuticals America Inc., Case Number CGC-12-518535, Superior Court of the State of California, County of Los Angeles the plaintiffs were awarded $6.5 million by a California jury in the first Actos bladder cancer lawsuit to reach trial. The case was brought by a man and his wife over allegations that his taking Actos led to his terminal bladder cancer and that Takeda did not appropriately disclose the ties between Actos and bladder cancer. The case was heard before the thousands of others filed due to the man’s grave condition. The compensatory damage award included $5 million to the man and $1.5 million to his wife over loss of consortium.

A Maryland jury also found for the plaintiff, awarding $1.8 million in another Actos bladder cancer lawsuit; however, that state’s Negligence Doctrine states that if the plaintiff had potentially contributed to his/her death, damage awards are barred under the contributory award. In this case, the man’s family alleged that Actos led his bladder cancer death and the jury found that Takeda was liable for the man’s death. Because of the man’s so-called “contributory negligence”—he was a smoker—Takeda was not found liable. The case is An, et al. v. Takeda, Case Number 24-C12003565, Circuit Court for the City of Baltimore.

In the largest verdict, to date, a Louisiana jury found that Takeda must pay the plaintiff $9 billion in damages to a couple in a bellwether trial that included allegations that Takeda hid Actos’ cancer risks to ensure that Actos sales were not impacted. The award was the first federal jury decision in a multidistrict litigation (MDL) against Takeda and its United States-based marketing collaborator, Eli Lilly. Takeda will be liable for $6 billion and Eli Lilly must pay $3 billion. Actual damages of $1.5 million will be split by both drug makers and paid to the couple. Takeda was accused of keeping the results of clinical studies secret since before the drug received U.S. Food and Drug Administration (FDA) approval. The case is Allen et al. v. Takeda Pharmaceutical Co. Ltd. et al., case number 6:12-cv-00064; and the MDL is In re: Actos (Pioglitazone) Products Liability Litigation, case number 6:11-md-02299, both in the U.S. District Court for the Western District of Louisiana. The settlement represents the seventh-largest jury award in United States history, according to Bloomberg News.

“Juries are clearly understanding the cases and finding fault on behalf of the company despite Takeda’s claims that plaintiffs’ lifestyles, not the drug maker’s behaviors, are to blame for serious illnesses and deaths,” said Parker Waichman’s McCauley, who oversees the firm’s Actos cases.

Parker Waichman LLP is actively involved in Actos litigation and has filed lawsuits on behalf of numerous individuals who developed bladder cancer, allegedly due to taking Actos. In fact, Parker Waichman LLP has maintained a leadership role throughout the Actos litigation, with Jerrold S. Parker, founding partner of the law firm, serving on the Plaintiffs’ Steering Committee.

Parker Waichman continues to offer free legal consultations to victims who suffered bladder cancer after using Actos. If you or a loved one were diagnosed with bladder cancer after taking Actos, please contact the firm by visiting Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

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Gary Falkowitz
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