Actos News

Takeda Willfully Misled Public about Bladder Cancer Risk, New Actos Lawsuit Alleges
Wednesday, August 15, 2012

Los Angeles, California, August 15, 2012 - - Twelve people have filed a personal injury Actos lawsuit against manufacturer Takeda Pharmaceuticals and subsidiaries, as well as Eli Lilly (which collaborated with Takeda Limited to promote and market Actos in the U.S.). The lawsuit was filed by the national law firm of Baum, Hedlund, Aristei & Goldman, P.C. on behalf of the Plaintiffs, who claim that the Type II Diabetes medication Actos (pioglitazone) caused their bladder cancer. Five of the seven plaintiffs with bladder cancer are also joined by their spouses. 

Defendants Takeda, its subsidiaries and Eli Lilly face allegations that the companies have been aware of the association between Actos and bladder cancer for over a decade, and willfully concealed this knowledge from Plaintiffs, the health care community and the general public.

The Actos lawsuit, (case no. BC490188) which was filed on August 14, 2012 in Los Angeles Superior Court, seeks compensatory damages for alleged personal injuries caused by Actos, including: bladder cancer and related aftereffects, conscious pain and suffering, mental anguish, bodily impairment, diminished enjoyment of life, economic loss and other damages.

According to the complaint, Takeda and Eli Lilly knew or should have known that Actos use in humans could cause bladder cancer and in a “conscious indifference to the rights, safety and welfare of plaintiffs” failed to warn about this risk. The lawsuit alleges that prior to applying for and obtaining Actos approval from the Food and Drug Administration (FDA) in 1999, defendants possessed pre-clinical scientific data which signaled a possible link between the use of Actos and bladder cancer.

The lawsuit further claims that for over ten years and to date, Takeda continued to conceal this knowledge and willfully put the lives of the plaintiffs as well as the general population at risk. The complaint also alleges that during the time period that plaintiffs used Actos (between 2001 and 2010) the product warnings for Actos “were vague, incomplete or otherwise inadequate to alert prescribing physicians as well as plaintiffs of the bladder cancer risk associated with this drug.”

Takeda and Eli Lilly also violated California Business and Professions Codes by misleading plaintiffs through unfair, deceptive, untrue or misleading advertising, according to the complaint.  Further, that the companies conducted a sales and marketing campaign to promote the safety of Actos, while concealing from plaintiffs and doctors that Actos was associated with bladder cancer. Not only did Takeda purposefully downplay the health hazards and risks associated with Actos, the complaint alleges, but they also aggressively engaged in advertising programs designed to create the impression to consumers that the use of Actos had fewer side effects than other Type 2 Diabetes medications (including Avandia), even though Takeda knew these representations to be false.

Baum Hedlund attorney, Cynthia L. Garber, who is also a veteran registered nurse, stated that “Plaintiffs, along with the rest of the general population, trusted and relied on Takeda and Eli Lilly’s judgment as to whether this drug was safe. In return, defendants willfully manipulated and deceived Plaintiffs, their families, their doctors and the general public as to serious and life-threatening Actos side effects, including bladder cancer. These companies made over $16 billion in profits from Actos. Takeda and Eli Lilly must be held accountable for this blatant lack of public responsibility.”

Numerous health agencies and governments have begun to warn the public about the link between the use of Actos and bladder cancer. The latest alert came from Canada, which in April of this year issued a safety advisory stating that based on available scientific data, the potential increased risk of bladder cancer in patients treated with Actos warrants further investigation. Canada warned that the Actos bladder cancer risk was higher in diabetes patients who took pioglitazone for the longest durations and the highest total doses.

In June 2011, France and Germany suspended the prescription of drugs containing pioglitazone. The countries based their decision to ban Actos after a French study demonstrated a statistically significant risk for bladder cancer among those taking pioglitazone.

Also in June 2011, the Food and Drug Administration (FDA) issued a Public Safety Announcement which warned the public of an association between the use of Actos for more than 12 months and an increased risk of developing bladder cancer.

The plaintiffs involved in this Actos lawsuit are New Jersey residents Pratima Narayan, her husband Divyendu Narayan, South Carolina resident Eloise King, California residents Melvyn Rosoff and his wife Harriet Rosoff, Florida residents Ralph Davis and his wife Roleen Davis, as well as Indiana residents Judith K. Hanish, Wanda Wheeler and her husband Roger Wheeler, and Tommie Geary and his wife Mary Geary.

About Baum, Hedlund, Aristei & Goldman, P.C.

Baum Hedlund has filed numerous Actos bladder cancer lawsuits in both state and federal courts against Takeda.

The firm has successfully represented clients harmed by medications in over 4,000 individual personal injury and wrongful death cases, in addition to representing consumers in multiple pharmaceutical class actions against major pharmaceutical companies such as Alpha Therapeutic, Armour Pharmaceutical Co., Baxter Health Care Corp, Bayer Corp., Dalkon Shield, Eli Lilly, GlaxoSmithKline, and Pfizer.