Siblings File Actos Cancer Lawsuit After Father’s Death
On July 3, 2012, Sandra D. Miller, individually and as Successor in Interest to the Estate of Albert U. Dendo, deceased, and Michael Dendo filed an Actos cancer lawsuit in the Superior Court of the State of California (Los Angeles). The plaintiffs named as defendants manufacturer Takeda Pharmaceuticals, et al., as well as Eli Lilly and Company. Sandra Miller and Michael Dendo, as siblings and children of the deceased, claim that their father died from Actos side effects, namely bladder cancer that spread throughout his body.
Their complaint joins other lawsuits making similar allegations against the pharmaceutical company about the risks of Actos.
Takeda aware of Actos cancer risks
The crux of Miller and Dendo’s lawsuit is that Takeda failed to warn Albert Dendo of possible Actos side effects – a negligent act that directly contributed to Dendo’s ingestion of the diabetes drug and resulting death. The lawsuit states that prior to obtaining FDA approval, the defendants knew or should have known that Actos could or would cause bladder cancer. In fact, the complaint cites bladder cancer findings in Actos carcinogenicity studies, as well as other pre-clinical evidence that made known to Takeda the risk of bladder cancer associated with their blockbuster medication.
Actos side effects resulted in father’s bladder failure and ultimately death
According to the complaint, Albert Dendo took Actos, or pioglitazone hydrochloride, from 2006 to 2010. As a direct and proximate result of his Actos use, the deceased allegedly suffered significant harm, conscious pain and suffering, physical injury and bodily impairment, including bladder cancer, bladder surgery, and bladder failure that ultimately resulted in his death on December 28, 2011.
His surviving children bring counts of negligence, strict liability, failure to warn, defective design, breach of implied warranty, deceit by concealment, negligent misrepresentation, wrongful death, survival, violation of California Business & Professional Codes.
Lawsuit seeks damages for mental anguish, medical expenses
As a result of his Actos cancer, which spread from his bladder to other organs, Albert Dendo was allegedly forced to suffer permanent personal injuries, pain, mental anguish, medical expenses, special damages, and ultimately death. The plaintiffs also state that they will be forever deprived of their father’s love, companionship, comfort, support, affection, society, solace, and moral support.
As do other Actos lawsuits, the plaintiffs’ complaint requests damages to compensate for their father’s fatal injuries, including his extensive medical expenses, funeral costs, loss of society, and general damages.