Pennsylvania plaintiff John K. has claimed victory in his lawsuit against Japanese pharmaceutical giant Takeda Pharmaceuticals for the permanent injuries he allegedly incurred from ingesting their type-2 diabetes treatment drug, Actos. John claims that in direct result of using Actos, he developed the deadly condition of bladder cancer.

After viewing evidence and testimony surrounding the Actos lawsuit, the jury found that Takeda Pharmaceuticals had acted recklessly and indifferently towards John and awarded him $1,334,636 in punitive damages. The jury explained that their decision came down to the information that had been available to the plaintiff at the time he was prescribed Actos, compared to when he discovered his injuries. This award amount is in addition to a $2.3 million award that the jury gave after finding that Takeda Pharmaceuticals had acted negligently with the Actos warning label.

Like millions of Americans, John had been prescribed Actos to treat his daily symptoms of type-2 diabetes. Due to its highly aggressive treatment mechanism, Actos is treated as an alternative medication choice and is often only prescribed if other medications show no effect. He was first prescribed Actos in December 2008, but had not become aware of its association to bladder cancer until June 2011.

It was in that month in 2011 that the FDA had released public warnings that highlighted the possible link between Actos and bladder cancer. After discovering this alleged link, John filed legal action in July 2012 against Takeda, stating that it had directly caused him to develop bladder cancer. The plaintiff had been diagnosed with bladder cancer in 2008, and had been using Actos up until he discovered the possible association.

During the trial Takeda had put up a fight against the accusations, claiming that it was the external health complications of the patient that had caused bladder cancer, rather than their product. Takeda’s lawyers had pointed out that it was the plaintiff’s lifestyle choices, like obesity and a history of smoking, which had most likely attributed to his cancerous condition. While Takeda acknowledged that there was a link between Actos and bladder cancer, there was no proven link for John, and that many other patients had used Actos without such consequences. Furthermore, Takeda’s lawyers stated that Actos has been helping millions of patients since its release in 1999, providing treatment when it normally would not be an option.

Overview of Actos Bladder Cancer Consequences

This lawsuit is the second Actos lawsuit to go to trial in the Philadelphia County Court of Common Pleas, and at least the eighth to go nationwide. John’s lawsuit is also the fifth Actos lawsuit out of eight where juries have agreed with the plaintiffs, but only the second where Takeda had been forced to pay punitive damages. In each of these verdicts, the jury agreed that Takeda had failed to provide adequate information on the Actos’ warning label while knowing the dangers it presented to the patients.

Actos is a member of thethiazolidinediones drug family, which are drugs that only react in the presence of insulin. This means that Actos can only be used to treat type-2 diabetes in leveling the patient’s insulin levels, and would be completely useless to treat type-1 diabetes where insulin is not produced at all. Actos and other thiazolidinediones have been linked to various side effects, including cardiac complications and bladder cancer.

For John, he may have won the Actos lawsuit but he still must live with one of the most aggressive types of cancer, most likely spending the rest of his life getting treatments. Due to his condition, John had to have his bladder removed in July 2011 and was immediately taken off of Actos by his physician.

In this case, the jury had not only awarded the large amount for medical expenses but to remind the pharmaceutical industry that the health of their patients is more important than the profits the companies make from them.

This Actos Lawsuit is Case No. 120702275, in the Philadelphia County Court of Common Pleas.

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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