Actos Lawsuits Balloon Ahead of MDL Petition

Actos bladder cancer lawsuits could be headed for consolidation in a multidistrict litigation (MDL). Late last month, plaintiffs in one such actos lawsuit petitioned the U.S. Judicial Panel on Multidistriction Litigation for the consolidation, requesting that all pending and future actos bladder cancer lawsuits in federal courts be transferred to U.S. District Court for the Southern District of Illinois before Judge G. Patrick Murphy.An MDL allows lawsuits associated with a particular product to be coordinated under one judge for pretrial litigation to avoid duplicative discovery, inconsistent rulings and to conserve the resources of the parties, witnesses and the court. When lawsuits are consolidated as a multidistrict litigation, each retains its own identity. 

Concerns about the potential risk of bladder cancer from Actos first surfaced when it was discovered that rats given the drug had a higher rate of bladder tumors. Recent results from an on-going 10 year study, involving nearly 200,000 patients with diabetes, suggests that there may be a risk of bladder cancer from actos side effects the longer the medication is taken.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.
Actos was approved by the FDA to treat Type 2 Diabetes in July, 1999. The medication has grown in popularity in recent years, after studies linked it’s primary competitor, Avandia, to an increased risk of heart attacks and death. Last year, Actos generated $4.3 billion in sales for Takeda Pharmaceuticals.

Loss of consortium cases have been filed by many spouses of Actos bladder cancer victims, alleging that the side effects of the drug have caused their marital relations to suffer due to the pain and suffering of their spouse. Loss of income due to a spouse being unable to work may also be included in a loss of consortium lawsuit. Dozens of Actos cases have been filed in various federal district courts throughout the United States by individuals who have developed bladder cancer after taking the type II diabetes drug. All of the complaints involve similar allegations that Takeda Pharmaceuticals failed to warn of Actos side effects that could increase the risk of bladder cancer.