In August, a widower and his daughter filed an Actos bladder cancer lawsuit against Takeda Pharmaceuticals and several related companies, alleging that the type-2 diabetes drug caused Laura Leblanc to develop the disease that took her life.
The Actos lawsuit was filed jointly by Frank Leblanc and his daughter Danielle Matthews over the death of Mrs. Leblanc, who took Actos to help control her type-2 diabetes. She allegedly took the drug for years, and went on to develop bladder cancer, which eventually took her life.
The Actos bladder cancer alleges that Takeda, the makers of the drug, were aware — or reasonably should have been aware — of the risk of bladder cancer allegedly linked to Actos.
According to the Actos bladder cancer lawsuit, the earliest animal trials of the drug indicated that the drug could increase the risk of bladder cancer in mammals. The Actos bladder cancer lawsuit cites additional studies based on epidemiological data, going back as early as 2005 that indicated an increased in bladder cancer in patients taking Actos. The Actos lawsuit also states that Takeda has received an average 180 reports of Actos bladder cancer per year during the 10 years the drug has been on the American market.
In 2011, Takeda came under intense regulatory scrutiny across the globe. Several European countries’ regulatory agencies, including those of France and Germany, suspended use of the drug, functionally banning it from their respective nations. The same year, the U.S. Food and Drug Administration (FDA) released strong statements warning patients of the possible link between Actos and bladder cancer.
Despite the intense legal and regulatory scrutiny focused on Actos, the drug is a pharmacological blockbuster for Takeda. In 2013, Actos earned Takeda more than $4.8 million in sales. During this same time period, the drug brought in 27 percent of the Japanese company’s revenue in spite of being banned in several countries over bladder cancer concerns.
The Leblanc Actos bladder cancer lawsuit alleges that the makers of Actos failed in their duty to protect the public from a potentially dangerous drug, and that the various postmarket surveillance reports of bladder cancer, epidemiological studies, and regulatory sanctions should have led Takeda to pull the drug from the market or at the very least warn patients of the potential risk of the disease.
The Leblanc Actos lawsuit seeks a number of types of compensation including the cost of Mrs. Leblanc’s medical care, lost wages, and lost income potential, attorney fees and punitive damages.
Punitive damages are a type of damages awarded which are designed to punish offenders rather than to compensate victims. Under federal law, this is only allowed in certain types of situations, but drug lawsuits are one of the few legal situations that allow it.
The Actos Lawsuit is Frank Leblanc, et al., v. Takeda California Inc., et al., Case No. 14-2539, within the larger MDL In re: Actos (Pioglitazone) Products Liability Litigation, MDL No. 2299, in the U.S. District Court for the Western District of Louisiana.
In general, Actos bladder cancer lawsuits are filed individually by each plaintiff and are not class actions.
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