Plaintiff Alleges Injuries From Actos Induced Bladder Cancer

Another Actos bladder cancer lawsuit was filed against Takeda Pharmaceuticals and Eli Lilly regarding the alleged relationship between the medication and the high risk of bladder cancer. The complaint was filed on August 19, 2013 on behalf of Lundy Boggess, a resident of West Virginia. It is currently proceeding in the U.S. District Court for the Western District of Louisiana. This particular venue was chosen because the plaintiff demands compensation in excess of $75,000 and both defendants conduct substantial business in the State of Louisiana.

Details of Actos bladder cancer lawsuit

Actos (pioglitazone) is a prescription medication designed and marketed by the defendants for the purpose of maintaining stable blood sugar levels in patients with type 2 diabetes. By managing their blood sugar levels with medication, diet, and exercise, patients can delay or avoid the development of serious complications of diabetes. However, according to this Actos bladder cancer lawsuit, the plaintiff was unaware that Actos itself posed the risk of serious and life-threatening side effects.

The plaintiff is said to have used the medication for longer than one year, resulting in significant injuries, including the development of bladder cancer. Bladder cancer often begins in the lining of the organ; however, it can metastasize, or spread, beyond the bladder. Bladder cancer can cause symptoms, such as pelvic pain, back pain, bloody urine, and painful urination.

Although bladder cancer is more easily treatable when it is diagnosed in its early stages, the Mayo Clinic notes that patients have a very high risk of a recurrence of the cancer. They must undergo routine testing for many years, and often face the need for additional treatments, such as chemotherapy and radiation therapy, in the event that the cancer recurs. According to the National Cancer Institute, the five-year relative survival rate for a patient with metastasized bladder cancer is just over 5 percent.

Studies demonstrate link to bladder cancer

Numerous scientific studies have found that patients using Actos, particularly those who used it for longer than one year, have a greatly increased risk of bladder cancer. The results of the so-called PROactive study, which were published in 2005, revealed a “statistically higher percentage of bladder cancer” among these patients. The plaintiff’s Actos bladder cancer lawsuit alleges that the defendants knew of the results of this study, yet failed to disseminate this information to healthcare professionals and patients. In fact, the lawsuit accuses Takeda Pharmaceuticals of “willfully, wantonly, and with malice (withholding) the knowledge of increased cancer…” in order to prevent possible FDA rejection of the drug.

However, numerous adverse events have been reported regarding Actos use. In 2010, the FDA announced a safety review of the drug, which substantiated claims of an increased risk of bladder cancer. Consumer safety bodies in France and Germany recommended suspension of sales of Actos in those countries. And in 2011, the FDA required the defendants to update their labeling information for Actos to reflect an increased risk of bladder cancer with usage that persists over one year. According to the FDA’s report, the Actos bladder cancer risk over this period of time increases by 40 percent.

Violation of consumer safety laws alleged

The Actos injury lawyer for Lundy Boggess alleges that the defendants violated consumer safety laws by misrepresenting the product and “engaging in fraudulent or deceptive conduct.” According to the complaint, Takeda Pharmaceuticals launched a marketing campaign that touted the supposed benefits of the drug while concealing the risks of serious side effects.

The plaintiff requests a jury trial and demands punitive damages. He also demands compensation for his mental and physical suffering, medical expenses, ongoing care expenses, future medical requirements, and other related costs.