Actos Bladder Cancer Victim Seeks $10M in Damages

By Sarah Mirando | July 30, 2012

Category: Pharmaceuticals

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By Matt O’Donnell

A New York woman has filed a $10 million lawsuit against Takeda Pharmaceuticals alleging the company’s diabetes drug Actos caused her to develop bladder cancer. Her Actos bladder cancer lawsuit is seeking damages for severe permanent injuries, pain, suffering, emotional distress, fear, and to cover her medical expenses for chemotherapy and surgery. Her case joins hundreds of other Actos bladder cancer lawsuits pending in the current Actos multi-district litigation (MDL).

Plaintiff Wanda Heavey alleges in the Actos bladder cancer lawsuit that she started using Actos in January 2005 for the treatment of her type II diabetes, and used it as prescribed until about 2010. Heavey was diagnosed with bladder cancer in December 2010, which her Actos lawyer claims was directly caused by taking the diabetes drug. She now fears for her life, and is seeking $10 million in damages from Takeda. Heavey’s original case was filed on June 12, 2012 by her Actos lawyer in the Eastern District of New York, but was transferred to the Actos lawsuit MDL in the Western District of Louisiana on July 12, 2012, where it joins many other Actos bladder cancer lawsuits seeking damages for Actos injuries.

Takeda Mislabeled Actos, Lawsuits Say

The key argument in many of the Actos bladder cancer lawsuits pending in the Actos MDL is that Takeda Pharmaceuticals failed to adequately warn users of the risk of Actos bladder cancer, even though the company knew — or should have known — the risk existed.

This risk was documented in numerous Actos bladder cancer studies over the past seven years, including a 2005 study that found Actos increased the risk of bladder cancer more than similar drugs, and a September 2010 FDA safety announcement that the agency was reviewing scientific data to evaluate the link between Actos and bladder cancer.

In April 2011, the scientific journal Diabetes Care published a study in which researchers looked at adverse event reports made to the FDA between 2004 and 2009. Their analysis confirmed an association between Actos (pioglitazone) and bladder cancer. Soon after, in June 2011, the FDA reported that using Actos for more than one year could lead to a 40% increased risk of bladder cancer, and ordered information about the risk to be added to the product labels. That same month, authorities in France and Germany banned sales of pioglitazone-containing medicines like Actos pending an ongoing review of the drug’s safety.

Plaintiffs in Actos bladder cancer lawsuits say that despite growing evidence presented in numerous studies for years, Takeda failed to update the Actos warning label until the June 2011 FDA announcement and subsequent order. Had Takeda updated the warning label and warned users of the bladder cancer risks, many Plaintiffs could have avoided their injuries, Actos bladder cancer attorneys say.

Actos MDL Plaintiffs Seek Compensatory & Punitive Damages

Heavey, with the help of her Actos attorney, is suing Takeda for negligence, defective design, failure to warn, breach of warranties, and consumer fraud. She is seeking $10 million in compensatory, punitive and/or exemplary damages. She is just one of numerous Plaintiffs seeking damages for their Actos injuries through an Actos lawsuit.

The majority of Actos bladder cancer lawsuits have been consolidated before U.S. District Judge Rebecca Doherty in the U.S. District Court for the Western District of Louisiana as part of the Actos MDL known as In Re: Actos (Pioglitazone) Products Liability Litigation (MDL No. 2299). In April 2012, Judge Doherty signed a direct filing order making it easier for individual Plaintiffs to file an Actos injury lawsuit, which is good news for Actos bladder tumor and bladder cancer victims seeking to hold Takeda Pharmaceuticals liable for their injuries for failing to warn them about the serious side effects of taking the drug.

The Actos bladder cancer lawsuit MDL allows thousands of Actos users to file individual lawsuits under the jurisdiction of one judge, but still allows them to retain their own attorney and receive an individual award if the case is won or settled. The award they would receive is typically much larger than any individual award expected in an Actos bladder cancer class action lawsuit. The Actos bladder cancer MDL is similar to an Actos bladder cancer class action lawsuit but different in that one key aspect. In an Actos class action lawsuit, hundreds of thousands of Actos patients are joined together. Once, or if, a class action settlement is reached, the Actos users would typically share the award and the award may be in the thousands of dollars range, rather than tens of thousands, hundreds of thousands, or even millions of dollars in some cases for individual Actos bladder cancer lawsuits.

On the other hand, if the Actos bladder cancer MDL settles, Plaintiffs would receive any financial award individually. The Actos bladder cancer MDL lawyers will determine exactly what each Plaintiff will receive depending on the injury suffered. This may mean that those who file Actos wrongful death lawsuits will receive more than those who successfully undergo cancer treatment and recover from bladder cancer. The Actos bladder cancer law firms litigating the MDL will determine this as the case progresses.

If you were diagnosed with bladder cancer or bladder tumors after taking Actos, you have legal options to pursue damages for your injuries. An Actos bladder cancer attorney can provide a free consultation to see if you are a good fit to file an Actos class action lawsuit or an individual Actos bladder cancer lawsuit.

If you would like more information about filing an Actos class action lawsuit or would like to file an Actos bladder cancer lawsuit or join the Actos bladder cancer MDL, just go to the Actos Bladder Cancer Class Action Lawsuit Investigation page. You can submit your information, or your loved one’s, to Actos attorneys who are actively investigating all claims regarding bladder cancer, tumors, heart attacks, congestive heart failure and other problems which may be a severe side effect of taking Actos. Actos attorneys are waiting to talk to you now and the consultation is free. These Actos lawyers don’t get paid unless you win or settle.

Updated July 30th, 2012

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