Negligent Pharmaceutical Makers Need To Take Responsibility

Actos is a medication that many people use or have used for type 2 diabetes. Now, there is growing concern of a link between actos and bladder cancer. There are so many studies linking the medication and bladder cancer that the FDA issued a warning. The agency published a “Drug Safety Communication.” The publication concluded that there was a risk of developing bladder cancer depending on the dosage and how long actos was used. The link was actually discovered during clinical trials but doctors were unaware of it. Therefore, they freely prescribed actos.

Many former actos users want to take action against the maker, Takeda Pharmaceuticals. Thus far, there is no Actos class action lawsuit. There is a multidistrict litigation (MDL) and some mass torts. Mass torts and MDL’s allow plaintiffs to work together in pre-trial proceedings but each person has a separate claim. Plaintiffs file lawsuits for different reasons including:

  • manufacturer’s product was defective
  • the medication was inadequately tested
  • testing data was hidden from the public
  • failure to warn the public about possible side effects

Plaintiffs may be entitled to punitive damages. Punitive damages are awarded to punish the manufacturer for not warning the public. Other possible damages include medical bills and funeral expenses, lost wages, pain and suffering and the loss of consortium. The actos case is so troubling because there was sufficient warning. Kaiser Permanente conducted a ten-year study. The study was sponsored by the manufacturer and required by the FDA. The study was required because pre-clinical trials showed increased urinary bladder tumors in rats.

Further, the French Medicines Agency did a study from 2006 to 2009. They looked at 1.5 million patients. It found that people who took the active ingredient in actos were at a greater risk for developing bladder cancer. In addition, the findings of a study were published in a 2012 issue of the British Medical Journal. 83 percent of the patients, who used actos, increased their risk of bladder cancer. Consumers have to be able to expect more from drug manufacturers. In April 2015, Takeda settled 9,000 actos lawsuits for $2.37 billion. Contact a lawyer if you are a victim.