Four more consumers from different states and a union’s health and welfare benefit fund have filed an Actos bladder cancer class action lawsuit against Takeda Pharmaceuticals as part of the ongoing multidistrict litigation In re: Actos (Pioglitazone) Products Liability Litigation.

The named plaintiffs include California resident Annie M. Snyder, Missouri resident Rickey D. Rose, New Jersey resident John Cardarelli, and Florida resident Marlyon K. Buckner, who all allege that had they known about the increased risk of developing bladder cancer as a result of taking Actos, they would have pursued another course of treatment to manage their type-2 diabetes.

Painters and Allied Trades District Council 82 Health Care Fund, the health and welfare benefit fund involved in the Actos lawsuit, alleges that Takeda deceived users about the risk, and therefore caused the fund to have to reimburse claims that never would have been submitted.

The Actos bladder cancer class action lawsuit alleges that Takeda “misrepresented the risks of bladder cancer to consumers, prescribers, third-party payors, and the U.S. Food & Drug Administration (FDA). This deception caused members of the Plaintiff Painters Fund’s plan to cause to be submitted claims for reimbursement that were neither medically necessary nor reasonable, and which would never have been prescribed absent the fraud. The enterprise’s conduct, caused the Plaintiff to make payments for Actos that, absent the fraud, would never have occurred.”

Jointly, the plaintiffs allege that Takeda violated business laws in several states, and specifically violated the RICO Act. The plaintiffs have proposed a nationwide RICO Class that includes:

“All consumers and entities in the United States of America and its territories, who paid or incurred costs for the drug Actos, for purposes other than resale, between 1999, i.e., when the drug was approved, and the present. Excluded from the RICO Class are employees of Takeda, including its officers or directors, the Court to which this case is assigned, and those consumers who are presently seeking a personal injury claim arising out of their use of Actos.”

There are also several state subclasses proposed for certification.

Snyder, Rose, Cardarelli, Buckner, and the Painter’s Fund are just a few of hundreds of individuals and groups filing lawsuits against Takeda for the alleged deception and concealment of the increased risk of developing bladder cancer while taking Actos.

What is Actos?

Actos is a prescription medication designed to treat type-2 diabetes. The drug is manufactured and distributed by Takeda Pharmaceuticals and marketed by Eli Lilly Co. Since Actos was first introduced into the North American drug market, Takeda has reaped billions of dollars every year from thousands of consumers.

However, it was discovered during the MDL court proceedings that Takeda was allegedly aware of the link between Actos and bladder cancer since 2001.

The FDA released a public consumer notice on June 15, 2011, warning Actos users of the increased risk of bladder cancer after long term Actos use. The FDA also advised to doctor’s to cease Actos prescriptions for patients previously 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)