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.