Baltimore, MDWhen a drug company has knowledge about its drug’s adverse side effects, that company has a duty to inform patients and medical professionals about those risks. That is the basis for many a drug lawsuit, and Actos side effects lawsuits are no different. Now that Actos bladder cancer lawsuits are starting to make their way through court, allegations are being made that Takeda pharmaceuticals knew about the link between Actos and bladder cancer, but failed to warn patients about that risk.
One such lawsuit is now before the courts (reported on by LawyersandSettlements here). That lawsuit alleges Diep An developed bladder cancer after using Actos. An’s family filed the lawsuit claiming Takeda knew as early as 2005 about the link between Actos and bladder cancer, but delayed notifying the public or the medical community about that link.
Given that there are reportedly more than 3,000 lawsuits filed against Takeda regarding Actos, Takeda could be in for a long haul, similar to that of rival drugmaker GlaxoSmithKline, who faced lawsuits over its diabetes drug, Avandia. In 2010, Avandia was subject to severe limitations on its use following concerns that the drug was linked to serious heart problems. Those restrictions could be eased, following a meeting of an FDA advisory panel, but GlaxoSmithKline reportedly faced at least 10,000 lawsuits concerning its drug.
Whether Takeda faces that many Actos lawsuits remains to be seen, but at least two studies have suggested a link between the use of Actos and the development of bladder cancer. Meanwhile, in June 2011, the FDA issued an announcement that using Actos for more than a year could be associated with an increased risk of bladder cancer. At the same time, the agency noted the warning label would be updated to reflect that risk.
Meanwhile, Actos lawsuits are making their way through the courts and plaintiffs in pending lawsuits wait to see the results of the Diep An lawsuit (An v. Nieberlein, 24-C12003565, Circuit Court for the City of Baltimore, State of Maryland).
In a lawsuit filed by the family of Joseph Raymond against Takeda, plaintiffs claim that patients have the option of safer products, but because they were not adequately warned about the risks, used Actos. “As a result of Defendants’ actions, Joseph Raymond and his physician(s) were unaware, and could not have reasonably known or have learned through reasonable diligence, that Joseph Raymond had been exposed to the risks identified in this Complaint, and that those risks were the direct and proximate result of Defendants’ conduct,” the lawsuit states.
The Raymond lawsuit is In Re: Actos Product Liability Litigation, Case 6:12-cv-02055, District Court, Western District of Louisiana.
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