Actos Lawsuits Gain Steam Throughout U.S.

For victims of Actos bladder cancer, justice may be almost served as legislation gains traction. In late December 2011, eleven federal court Actos lawsuits were consolidated into multidistrict legislation (MDL) in the U.S. District Court for the Western District of Louisiana. On January 4, 2012, Los Angeles Superior Court Judge Carl J. West granted a petition to centralize several Actos lawsuits into one California court. And in another Louisiana courtroom, an Actos bladder cancer class action trial is moving forward.

Actos Lawsuits Allege Failure to Warn

Many Actos bladder cancer lawsuits contend that Actos, a prescription medication to treat type 2 diabetes, increases a patient's risk of developing bladder cancer; these lawsuits also allege that the manufacturers of Actos failed to adequately warn consumers of this increased risk. Victims of Actos bladder cancer, as well as their families, are asking the court for damages related to their pain and suffering, loss of income, and past and future medical expenses. It is possible that Actos settlements may pay out substantial awards, similar to those disbursed in connection with Avandia, another diabetes drug.

Risk of Actos Bladder Cancer

Actos, also known as pioglitazone, is a diabetes medication in the thiazolidinedione (TZD) drug class. TZD drugs help regulate type 2 diabetes, a condition caused by irregularities in blood sugar that can cause dehydration, heart problems, and kidney failure. Studies have shown that patients who take Actos for an extended period of time, and especially those patients who take the drug for more than a year, exhibit the highest risk. Symptoms of Actos bladder cancer may include bloody urine, painful urination, and lower back pain.

Actos Lawyer Fights for Clients

In summer 2011, France recognized the risk of Actos bladder cancer, and issued a countrywide Actos recall. Germany has suspended sales. In the United States, the Food and Drug Administration (FDA) issued a safety announcement to inform the public of the risk. In light these international developments, it is possible that the courts will follow in government footsteps. However, since Actos lawsuits are still in the baby-step stage, it is unclear what is to be expected of Actos settlements. Litigation against Avandia, another TZD diabetes medication, yielded billions of dollars in compensation.

Actos Lawsuit Accuses Takeda of Favoring Profits over Patients

John and Jewel Durel filed their Actos bladder cancer lawsuit in U.S. District Court in San Diego on January 17, 2012. Plaintiff John Durel alleges that he is a victim of Actos bladder cancer, and states that he developed the life-threatening condition after taking Actos, a diabetes medication manufactured by Takeda Pharmaceuticals. In their Actos lawsuit, the plaintiffs claim that Takeda manufactured a defective product, exhibited corporate negligence in its Actos marketing, breached express and implied warranties, committed fraud, and also failed to warn medical professionals and the pubic regarding Actos side effects. In their complaint, the Durels state that Actos is one of Takeda's bestselling medications, earning the pharmaceutical company $4.8 billion in profits in 2011 alone.

Actos Lawsuit filed in California

The Durels are residents of Louisiana, but through a legal precept known as diversity jurisdiction, they were able to file their Actos lawsuit in California. Diversity jurisdiction states that a victim may sue his alleged wrongdoer in federal court when the parties – the plaintiff and the defense – reside in two different states. California is the principal place of business for Takeda Pharmaceuticals, and therefore qualifies as the company's residence.

Actos Bladder Cancer Lawsuit Contends Fraud and Negligence

In 2011, John Durel was allegedly hospitalized due to Actos bladder cancer; Plaintiff Durel claims that his bladder cancer is the result of prolonged use of Actos. In their Actos bladder cancer lawsuit, the Durels allege that Takeda Pharmaceuticals "concealed and continue to conceal their knowledge that Actos can cause bladder cancer." Furthermore, the lawsuit contends that Takeda placed their profits over patient safety, choosing not to disclose Actos side effects and risks in favor of their bottom line – to the tune of $4.8 million in 2011. The lawsuit cites a PROactive study that showed a link between Actos and an increased risk of bladder cancer, and states that Takeda "willfully, wantonly and with malice withheld the knowledge of increased risk of cancer in users of Actos to prevent any chances of its products registration being delayed or rejected by FDA."

FDA Requires Actos Side Effects Warning

Patients who take Actos for more than twelve months report a higher risk of side effects, particularly Actos bladder cancer, than patients who use Actos for less than a year. Due to mounting evidence showing the link between Actos and side effects, the Food and Drug Administration (FDA) now requires Takeda Pharmaceuticals to include these side effects on the drug's warning label.

Actos Bladder Cancer Review

Actos lawyers are pursuing potential lawsuits over the drug for former users of the diabetes medication who have been diagnosed with Actos bladder cancer. Health regulators in some European countries have suspended sales of the drug and the FDA required new warnings about the potential risk of Actos bladder cancer in June 2011. Recent research has suggested that Actos side effects may increase the risk of bladder cancer the longer the medications is taken. Early data from an on-going 10 year study of Actos side effects conducted by Takeda Pharmaceuticals has suggested that users of the diabetes drug may face an increased risk of cancer when the medication is taken for more than a year.

Actos was approved by the FDA in July 1999 as a treatment for type 2 diabetes. It is part of the same class of drugs as Avandia (rosiglitazone), which has been linked to an increased risk of heart attacks and other health problems. In recent years, use of Actos has increased as some studies have suggested that the diabetes medication may be safer than Avandia. In September 2010, the FDA announced that the potential Actos bladder cancer risk was being reviewed and evaluated. At the time the agency said early data from a 10-year study submitted by Takeda, the maker of Actos, had not indicated a statistically significant association between exposure to the drug and bladder cancer risk. However, there was some evidence that patients taking Actos at least two years or at the highest cumulative doses (>28,000 mg) did face a greater danger from bladder cancer.

Currently there are three different types of Actos bladder cancer that have been identified. The most common type that has been reported is referred to as “transitional cell carcinoma” and begins in the inner lining of cells located within the bladder. Adenocarcinoma, which begins in the cells that make up and release mucus and other fluids, is a rare but potential type of Actos bladder cancer. Four percent of patients diagnosed with Actos bladder cancer have been affected by squamous cell carcinoma, a cancer that starts in thin flat cells.

Avandia and Actos: Heart Problems in Common

A number of personal injury lawsuits have been filed dealing with both type II diabetes drugs Avandia and Actos. They are both TZD medications, which work by helping reduce body tissue insulin resistance and therefore help diabetics maintain healthy blood sugar levels, but some of the Actos side effects they have been linked to are different. The majority of Actos lawsuits cite bladder cancer as the side effect suffered by the patient, whereas Avandia has been linked much more to heart attacks and other heart problems. A 2007 study showed that Avandia users are about 43 percent more likely than the average person to have a heart attack.

Because of the risk of Avandia heart problems and despite the risk of Actos bladder cancer, a number of health care professionals have been opting to use Actos instead of Avandia to treat type II diabetes because they are such similar medications. In fact, besides heart problems and bladder cancer which were considered unique to Avandia and Actos respectively, side effects of the two drugs are relatively similar--heart failure, water retention, weight gain, and hypoglycemia are all side effects of both medications.

Federal Court Receives New Actos Bladder Cancer Lawsuit

California residents Eugene and Karol Lombardi filed their Actos bladder cancer lawsuit on December 8, 2011. The plaintiffs filed in California Superior Court for the County of Sutter, but since their case met the requirements for amount in controversy and diversity of citizenship, on January 3, 2012, it was removed to U.S. District Court in the Eastern District of California. Through their Actos lawyer, the Lombardis allege that Eugene Lombardi suffers from Actos bladder cancer, and ask for special, general and punitive damages.

Bladder Cancer Subject of Actos Lawsuit

In 2011, the Food and Drug Administration (FDA) issued an Actos safety warning regarding the link between bladder cancer and the diabetes medication. However, in their Actos lawsuit, the Lombardis allege that Takeda Pharmaceuticals knew, or should have know, about this risk long before the FDA issued its public communication. The lawsuit claims that Takeda failed to properly study their product, and that the company did not adequately assess Actos side effects and risk factors.

The Lombardis' Actos lawsuit also alleges that Takeda was aware of scientific evidence that showed a link between Actos and an increased risk of bladder cancer, but did not inform the public or apply proper Actos warning labels. Their Actos lawyer cites a report published by the French Medicines Agency on June 7, 2011 that shows an association between bladder cancer and Actos. On June 9, France issued an Actos recall. Germany did not issue an official recall, but did suspend all sales of Actos.

Actos Bladder Cancer Lawsuit Requests Damages

In their Actos lawsuit, the Lombardis allege that Mr. Lombardi suffers from Actos bladder cancer and, as a result, diminished quality of life, bodily impairment, mental anguish, and pain and suffering. They are requesting punitive, special and general damages for defective design, deceit by concealment, failure to warn, medical expenses, and negligence, as well as loss of consortium for Karol Lombardi. The Lombardis' case joins many other Actos lawsuits filed against Takeda Pharmaceuticals.

Actos Lawsuit Alleges Bladder Cancer

After allegedly contracting Actos bladder cancer, Alfred Sforzo and his wife Ruth Sforzo on January 4, 2012 filed an Actos lawsuit in U.S. District Court in the Northern District of Ohio. The plaintiffs named Eli Lilly and Takeda Pharmaceuticals as defendants in the case, and allege that Mr. Sforzo's bladder cancer is directly linked to the diabetes medication.

Actos Lawsuit Alleges Failure to Warn

The plaintiffs Ruth and Alfred Sforzo ask the court for both compensatory and punitive damages for injuries, specifically Actos bladder cancer, suffered by Mr. Sforzo. According to the lawsuit, Mr. Sforzo allegedly began taking Actos to treat his type II diabetes in 2004. Sforzo was diagnosed with Actos bladder cancer in May 2005. Through their Actos lawyer, the Sforzos allege that the drug's manufacturer, Takeda Pharmaceuticals, committed "failure to warn." In other words, the lawsuit alleges that the drug company did not warn the public or medical professionals, who would in turn inform consumers, of the increased risk of bladder cancer associated with taking Actos for more than 12 months.

Study Reveals Link Between Actos and Bladder Cancer

In 1999, the Food and Drug Administration (FDA) approved Actos for use. Actos, which also goes by the generic name pioglitazone, is one of the bestselling prescription drugs in the country; it is estimated that Actos generates an estimated $4.8 billion in annual revenue. However, evidence exists to link the prolonged use of Actos with bladder cancer. In 2011, a study investigated reports to the FDA's Adverse Event Reporting System and revealed that there is "a definite signal for bladder cancer associated with (Actos) use" after a period of 6 to 24 months.

FDA Studies Links to Actos Bladder Cancer

In September 2011, the FDA announced plans for a longitudinal exposure study into the link between pioglitazone, or Actos, and increased risks of bladder cancer. Unfortunately, the Sforzos, and other alleged victims of Actos bladder cancer, cannot afford to wait for the FDA's findings.

Woman Files Lawsuit Alleging Actos Killed Her Mother

Inez Mae Buck has filed an Actos Lawsuit on behalf of her decedent mother, following her death from Actos Bladder Cancer. Her Actos Lawsuit was filed in the Superior Court of California, County of San Diego. FDA officials began reviewing the potential risk of Actos bladder cancer problems in September 2010, after interim data from an on-going 10 year study found that users may face an increased risk the longer they take the drug. Both France and Germany have already instituted an Actos recall, and the drug has seen increased label warnings in the U.S. and across the rest of the European Union.

All of the lawsuits over Actos and bladder cancer filed in various courts throughout the United States include similar allegations, that Takeda concealed their knowledge that users may face an increased risk of bladder cancer and failed to provide adequate warnings to consumers or the medical community. Takeda Pharmaceuticals, the manufacturer of Actos, has indicated it intends to file a motion to transfer all of the California state court lawsuits over Actos to the federal MDL. However, lawyers representing plaintiffs who have brought the cases in California maintain that there is a legitimate basis for keeping the cases in state court, as Takeda operates a facility in San Diego.

All Actos lawsuits filed in California state court by individuals who developed bladder cancer after taking the popular type 2 diabetes drug will be consolidated and coordinated during pretrial proceedings. In June 2011, an Actos recall was issued in France after health authorities ordered doctors to stop prescribing the drug due to the possible risk of bladder cancer. A French study of public insurance data confirmed that there is a slight increase in the risk of bladder cancer with Actos use, adding to the prior concerns about long-term use of the medication. Many have indicated that the FDA should remove Actos from the market in the United States as well, due to the risk of bladder cancer outweighing the potential benefits provided by the medication.