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Missouri Actos Bladder Cancer Lawsuit Moved from State to Federal Court

A Missouri man has filed a lawsuit against Takeda Pharmaceuticals U.S.A., Inc. alleging that their popular diabetes drug contributed to his diagnosis of bladder cancer. Richard La Carte claims that cancer has caused him to suffer “permanent and life threatening injuries,” and he maintains a “lifelong fear of premature death and the need for continued lifelong treatment and medications.”  He is demanding $4 million total in damages in his bladder cancer lawsuit, and his wife is demanding an additional $1 million in compensatory damages for loss of consortium.

Actos lawyer links drug to bladder cancer

In his lawsuit, La Carte states that he began treatment with Actos after a diagnosis of Type II diabetes, to help control the effects of his condition. Research has found a possible link between Actos and bladder cancer, and a number of other lawsuits have been filed by bladder cancer patients claiming Actos had an effect on their diagnosis.

Takeda Pharmaceuticals requests removal to federal court

Takeda responded to La Carte’s lawsuit complaint, filed in the District of Columbia Superior Court on March 12, 2012, by filing a notice of removal from state to federal court. The motion was filed because federal courts are granted jurisdiction over cases where the amount at issue exceeds $75,000, and where the plaintiffs have diversity of citizenship, or are citizens of different states.  Takeda maintains its corporate headquarters in a different state than the plaintiff’s residence.

Actos lawsuit MDL established

Takeda’s motion was granted, and the case was removed to the U.S. District Court for the District of Columbia.  Takeda also represented that it intends to have La Cartes’  lawsuit added to the ongoing side effects multidistrict litigation (MDL).  It is yet unclear as to whether La Cartes’ Actos lawyers will oppose the addition of their lawsuit to the MDL.

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