Drug Maker’s Deception Leads to 19,000 Actos Lawsuits
By Andrea Gressman
There exists in this country a certain unspoken agreement between pharmaceutical companies and those who rely on their prescriptions. At least there is supposed to be. This agreement is simple. We have the expectation that when a drug is released onto the market that it is safe. However, with those who have taken Actos to treat their type II diabetes, this couldn’t be further from the truth. Imagine relying on a medication only to later realize that after taking it for 1 year that your side effect risk of developing bladder cancer increases by at least 40% — especially when you are one of the ones who may have taken Actos for a lot longer than just one year.
Takeda Pharmaceutical’s diabetes treatment drug was approved to hit the market in July of 1999. Since that time, long-time users have experienced kidney damage, liver damage, blindness, bone fracture, congestive heart failure or even heart attack. Prolonged Actos use has even been linked to bladder cancer causing some European countries to completely ban the sale of this drug all together. Many users have already retained Actos injury attorneys to file an Actos lawsuit against Takeda Pharmaceutical and its marketing partner, Eli Lilly, for damages.
In 1999, Actos’ main competitor was a drug called Avandia. In July of 2010, the U.S. Food and Drug Administration (FDA) ruled that Avandia should either be taken off the market or have its sale severely restricted due to tests that confirmed an increased risk for heart attack or other potentially fatal heart problems. Actos took advantage and quickly was there to fill the gap in the diabetes medication market. Despite legal obligations to inform users of all possible health side effect risks associated with use of their drug, only a whistleblower lawsuit filed under the federal False Claims Act forced Takeda Pharmaceuticals to disclose all potential dangers of using Actos.
The whistleblower lawsuit turned out to be a former medical reviewer who worked for Takeda Pharmaceutical. The complaint asserts that Takeda failed to accurately report all adverse medical events to the U.S. Food and Drug Administration (FDA). The Actos lawsuit also maintains that the drug manufacturer even instructed medical reviewers to downgrade medical assessments from serious to non-serious in order to appear safer that its competitor, Avandia. The Food and Drug Administration uses these medical assessments to help ensure drug safety.
In light of the whistleblower lawsuit’s revelations, Takeda Pharmaceuticals faces up to 19,000 Actos lawsuits over this deception. As you would guess, these Actos lawsuits by Actos users allege fraud, deceit, negligence and breach of warranty. Perhaps the most damaging assertion is that the drug manufacturer knew of the potential elevated health side effect risks. Not only did Takeda not properly inform its users of all the dangers, they may have even suppressed information.
Obviously, if you are a long-time Actos user who has suffered side effect damage due to prolonged use, you have suffered emotionally and financially, as well as physically. The high costs of medical care can be crippling but you may have recourse. As an Actos user, you may be eligible for financial compensation related to your injuries and medical costs by filing an Actos lawsuit.
As a plaintiff, you must establish that Takeda and Eli Lilly are liable for your damages and losses. Of course, these drug companies will never admit guilt. Their defense will be that they disclosed the potential health side effect risks. They will claim that as the user, you weighed the risk and reward and made an informed decision. They will even offer volumes of medical literature and lab results to back their claims. The bad news is that there are real victims and no amount of lab tests and medical jargon can justify that.
Luckily, there are Actos attorneys that specialize in this type of litigation. These Actos attorneys are experienced in dealing with the drug companies and know how to navigate the murky waters of the prescription drug market and the legal claims associated with them. They are the best resource for establishing liability.
If any of this information applies directly to you, contact an Actos attorney to assist you in filing an Actos lawsuit. Please be aware that there are time restraints, so if you are thinking of talking to someone, do it now. Visit the Actos Bladder Cancer Class Action Lawsuit Investigation page. Provide your information and receive a free legal consultation from an experienced Actos bladder cancer lawsuit attorney.
Updated December 17th, 2012
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