Couple Sues Takeda after Husband Develops Actos Bladder Cancer

As one of the fastest-growing diseases in the United States, type-2 diabetes requires stringent diet and exercise changes—as well as medication for many. Actos is one of the many options doctors may prescribe to help treat diabetes, but the growing number of Actos lawsuits suggests an ugly side to the drug.

Some of the latest plaintiffs to sue the manufacturer of Actos are Said and Assa Rizk of New Hampshire, who filed a joint Actos lawsuit on Nov. 1, 2013 after Said “ingested Actos from 2004 to 2012, at the direction of his treating/prescribing physicians for the treatment of type 2 diabetes. Plaintiff suffered macular edema which was diagnosed in or around December 2011, and bladder cancer which was diagnosed in or around August 2012,” their Actos lawsuit states. According to the couple, they were never warned about the Actos risks because the drug maker, Takeda Pharmaceuticals, purposefully hid them.

By joining the Actos multidistrict litigation (MDL), the couple will still maintain their right to an individual trial.

According to their Actos lawsuit, “Defendants have concealed, and continue to conceal, from Plaintiff and his treating physicians and healthcare providers, including his prescribing physicians, Defendants’ knowledge of Actos’ propensity to cause bladder cancer and heart damage.”

Physicians, like patients, depend on the information provided by drug makers to make the best decisions. However, that choice was allegedly taken off the table for the Rizks and their doctor. They say that if they had known about the risk of developing Actos bladder cancer, “Plaintiff would have chosen safer, alternative medicines which are effective at treating type-2 diabetes without an increased risk of serious, deadly adverse events, including bladder cancer and heart damage.”

Adopting new lifestyles because of diabetes is challenging enough—it’s fair that consumers assume that any risks associated with drugs have been made clear. According to the Actos lawsuit, “Numerous studies have examined the effect of Actos on congestive heart failure and have clearly shown that Actos causes congestive heart failure. Defendants failed to include information regarding Actos and congestive heart failure in its label until it was forced to do so by the FDA (U.S. Food & Drug Administration) in 2007.”

“Prior to obtaining marketing authority for Actos, Defendants conducted a two-year carcinogenicity study on male and female rats,” the Actos lawsuit says. “Drug-induced bladder tumors were observed in male rats receiving doses of Actos that produced blood drug levels equivalent to those resulting from a clinical dose.”

The Silver Lining

Fortunately, bladder cancer is one of the simplest to treat and Said has a good chance of remission. The couple joins many others who will are seeking compensation for their nightmare while bringing the facts to light for others. They say, “Despite their knowledge of the results of medical studies and analyses which found statistically significant elevations in the incidences of bladder cancer in individuals exposed to Actos therapy, Defendants refused to warn consumers, including Plaintiff, prescribing and treating physicians, including Plaintiff’s physicians, and the general public of the true and significant risk of bladder cancer associated with Actos therapy. Instead, Defendants promoted Actos as a safe and effective treatment for type-2 diabetes.”

According to the Actos lawsuit, the evidence of the lucrative outcome from this concealment is clear. “By failing to warn that Actos was and is associated with a true and significant increased risk of bladder cancer and heart damage, Defendants’ marketing efforts succeeded in making Actos the top-selling pharmaceutical for Defendants,” notes the couple’s complaint. They’re suing for negligence, strict liability, negligent failure to warn, negligent design defect, negligence per se, breach of warranties, negligent misrepresentation, violation of consumer protection laws, loss of consortium and enhanced compensatory damages.

The Actos lawsuit is Said Rizk and Assa Rizk v. Takeda Pharmaceuticals America, et al., Case No. 13-cv-2984, in the U.S. District Court for the Western District of Louisiana. It has joined In Re: Actos (Pioglitazone) Products Liability Litigation, MDL No. 2299, in the U.S. District Court for the Western District of Louisiana.

Did You Develop Bladder Cancer after Taking Actos?

If you or your spouse was diagnosed with bladder cancer after or while taking Actos, you might have an Actos legal claim. Learn more about your options by visiting the Actos Bladder Cancer Class Action Lawsuit Investigation. Once you submit your information, an attorney will contact you if you qualify for a free Actos claim review.