Earlier this month, another individual has filed an Actos bladder cancer lawsuit against Takeda Pharmaceuticals as part of the larger multidistrict litigation In re: Actos Products Liability Litigation. Similar to the hundreds of cases consolidated in this national Actos MDL, the plaintiff alleges that his use of the type-2 diabetes drug resulted in his development of bladder cancer.

Steven Halberstadt, 73, is a resident of Florida who suffers from type-2 diabetes. In October 2006, Halberstadt was allegedly prescribed Actos by his primary care physician to manage his diabetic condition and the plaintiff continued to take Actos until about February 2010.

According to the Actos bladder cancer lawsuit, Halberstadt was allegedly diagnosed with bladder cancer in July 2013, which has caused him severe and permanent injuries and as a result he continues to experience pain, suffering and emotional distress. The Florida man alleges in his Actos lawsuit that his cancer and the resulting pain and injuries were directly caused by the type-2 diabetes medication, making Takeda liable for his currently cancer diagnosis.

Halberstadt alleges in this bladder cancer lawsuit, “When warning of safety and risks of Actos, Defendants negligently and/or fraudulently represented to the medical and healthcare community, the Food and Drug Administration (herein after referred to as ‘FDA’), to Plaintiff and the public in general, that Actos had been tested and was found to be safe.”

“As a result of the foregoing acts and omissions, the Plaintiff was caused to suffer serious and dangerous side effects including inter alia bladder cancer, as well as other severe and personal injuries which are permanent and lasting in nature, physical pain and mental anguish, including diminished enjoyment of life, as well as the need for lifelong medical treatment, monitoring and/or medications, and fear of developing any of the above named health consequences,” the Actos lawsuit continues.

In light of these allegations, Halberstadt and his legal counsel accuse Takeda Pharmaceuticals of negligence, strict product liability, breach of express warranty, breach of implied warranty, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, and fraud.

In this Actos bladder cancer lawsuit, Halberstadt seeks payment of compensatory damages, punitive damages, legal costs, and medical costs by Takeda for the pain and suffering he allegedly experienced from his consumption of Actos.

The Actos Bladder Cancer Lawsuit is Halberstadt v. Takeda Pharmaceuticals, Case No. 6:14-cv-02494, in the U.S. District Court for the Western District of Lousiana.

Background on Actos

The type-2 diabetes mellitus prescription medication Actos was created and manufactured by Takeda Pharmaceuticals and has been internationally marketed by Eli Lilly Co. Since the prescription drug’s introduction into the North American market in the late 1990s, Takeda has made billions of dollars in annual revenue from thousands of Actos consumers.

However, during recent MDL court proceedings, it was discovered that Takeda and its partner Eli Lilly were allegedly aware of strong medical evidence linking Actos consumption with patient development of bladder cancer. The companies were allegedly aware of this link as early as 2001.

In June 2011, the FDA acted on the Actos bladder cancer research studies and released a public consumer notice warning to Actos users of their increased risk of bladder cancer as a result of long term use of the diabetes medication. In addition, the notice advised doctor’s to cease prescription treatments of Actos for all patients already diagnosed with bladder cancer.

Actos Side Effects

Many individual Actos consumers have also reported other side effects from short and long term use of the diabetes medication, including:

• Chronic kidney disease
• Congestive heart failure
• Liver failure
• Lactic acidosis
• Bone fracture
• Rapid and excessive weight gain
• Difficulty breathing
• Edema (or fluid retention)