Illinois Lawsuit Charges Fraud and Negligence Against Takeda
On March 2, 2012, plaintiff John Terpening filed an Actos bladder cancer lawsuit against Takeda in the Circuit Court of Cook County, Illinois. Like many plaintiffs who have filed similar lawsuits, Terpening allegedly suffers from Actos side effects, specifically bladder cancer.
His lawsuit charges that the defendants concealed and continue to conceal their knowledge of Actos’ “unreasonably dangerous risks,” and specifically that Takeda “failed to adequately inform consumers and the prescribing medical community about the risk of bladder cancer associated with the use of Actos.”
Terpening began taking Actos in 2008, and was diagnosed with bladder cancer in March 2010.
Actos lawsuits cite cancer studies
Terpening alleges that Takeda had prior knowledge of Actos side effects. According to his Actos bladder cancer lawsuit, before Food and Drug Administration (FDA) approval of Actos, a two-year Actos side effects carcinogenicity study on rats revealed drug-induced tumors in male rats that were administered pioglitazone.
In 2005, the results of the PROactive three-year study were published, and showed that patients taking Actos had higher rates of bladder cancer than did consumers taking competing drugs. Additionally, a three-year liver study was also conducted, and the FDA states that this study also demonstrated a higher percentage of bladder cancer in Actos patients.
Actos bladder cancer lawsuit alleges fraud
In his Actos bladder cancer lawsuit, Terpening contends that Actos was defectively designed, inadequately tested, dangerous to human health, and lacked proper warnings regarding the true dangers associated with its use.
As do many plaintiffs in Actos lawsuits, Terpening concludes that the risks of Actos outweigh the benefits, and states that he would not have used Actos had Takeda properly disclosed the risks. His Actos bladder cancer lawsuit complaint charges Takeda with strict product liability, gross negligence, fraud and misrepresentation, and intentional and negligent infliction of emotional distress.
As in other Actos lawsuits, the plaintiff requests damages for permanent mental and physical impairment, disfigurement, conscious pain, suffering, mental anguish, loss of enjoyment of life, and loss of earnings. Through his Actos lawyer, he requests compensation for medical expenses, legal expenses, and lost wages.
FDA explores Actos side effects risks
On June 14, 2011, the FDA issued a safety announcement and stated, “use of the diabetes medication Actos (pioglitazone) for more than one year may be associated with an increased risk of bladder cancer.” The FDA ordered Takeda to add increased this risk to the Actos warning label.