A large group of plaintiffs from many different states has come together to add their claims to the multidistrict litigation over Actos bladder cancer.

Twenty-three former Actos patients, their surviving family members, and the representatives of their estates are suing Eli Lilly and Co. and Takeda Pharmaceuticals.

Takeda manufactured Actos and promoted it with Eli Lilly through a “Co-Promotion Agreement.” All the former Actos patients in the Actos lawsuit allegedly developed bladder cancer after taking Actos.

Actos is a medication approved by the FDA in 1999 as a treatment for type-2 diabetes. The plaintiffs cite a 2005 study called the PROactive study that, despite being designed to evaluate cardiovascular events, found a higher incidence of bladder cancer in Actos patients than in those who took comparable medication. They allege Takeda and Lilly spun these study results to downplay the risk of Actos bladder cancer.

In 2011, several European government agencies ordered suspension of the use of Actos, and Canadian authorities began reviewing the available information. In the United States, the FDA issued a Drug Safety Communication about a possible increased risk of bladder cancer in patients who take Actos for more than one year. The communication also required amendment of the Actos labeling to include a warning about that increased risk.

Plaintiffs Claim Drug Companies Concealed Actos Bladder Cancer Risks

The plaintiffs allege that under their Co-Promotion Agreement, both Takeda and Lilly withheld information from the public about the increased risk of bladder cancer associated with Actos. They contend that in the course of promoting Actos, Lilly produced scientific literature that while designed to appear impartial did in fact present Actos in a particularly favorable light, in the interest of persuading doctors to prescribe Actos.

They allege that Takeda and Lilly together tried to persuade physicians that Actos lowered cardiovascular risks in diabetes patients despite a lack of support for that conclusion in one of their own clinical studies. The plaintiffs claim that had they been properly warned about the risk of Actos bladder cancer, they would not have taken Actos.

The plaintiffs also allege that under their Co-Promotion Agreement, both Takeda and Lilly withheld information from the public about the increased risk of bladder cancer associated with Actos. They contend that in the course of promoting Actos, Lilly produced scientific literature that while designed to appear impartial did in fact present Actos in a particularly favorable light, in the interest of persuading doctors to prescribe Actos.

They allege that Takeda and Lilly together tried to persuade physicians that Actos lowered cardiovascular risks in diabetes patients despite a lack of support for that conclusion in one of their own clinical studies. The plaintiffs claim that had they been properly warned about the risk of Actos bladder cancer, they would not have taken Actos.

The plaintiffs further claim that at least 46 witnesses from Takeda, some of them in high-ranking executive positions, improperly destroyed evidence relevant to the Actos products liability litigation, despite repeated internal mandates issued from 2002 through 2011 ordering Takeda personnel to preserve all documentation related to Actos.

This Actos bladder cancer lawsuit raises claims for negligence, failure to warn, defective design, breach of warranty, fraud, and fraudulent concealment of vital safety information. The spouses of former Actos patients are also claiming loss of consortium, a claim for compensation for the effect of Actos bladder cancer on their marital relationship. Those plaintiffs who are the surviving relatives of former Actos patients who died of bladder cancer are also claiming wrongful death.

Plaintiffs seek compensation for personal injuries, pain and suffering, medical expenses. They are also asking for punitive damages based on the alleged “wanton, willful, fraudulent,” and “reckless” nature of the defendants’ conduct.

This Actos Bladder Cancer Lawsuit is part of the Actos multidistrict litigation titled In re: Actos Products Liability Litigation, MDL no. 6:11-md-2299, in the U.S. District Court for the Western District of Louisiana.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual Actos lawsuit or Actos class action lawsuit is best for you. [In general, Actos bladder cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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