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Actos Bladder Cancer Plaintiffs Ask for MDL in Southern District of Illinois

Sep 14, 2011

Plaintiffs in an Actos bladder cancer lawsuit are seeking to have all future and pending claims consolidated in a multidistrict litigation and transferred to U.S. District Court for the Southern District of Illinois.  In a motion filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML), plaintiffs Glen and Nina Weant ask that Judge G. Patrick Murphy be tapped to oversee the Actos bladder cancer litigation.

At least 11 lawsuits have been filed accusing Takeda Pharmaceuticals and other defendants of negligence and failure to adequately warn patients and doctors about Actos' association with an increased risk of bladder cancer.  Last month, Parker Waichman LLP filed an Actos bladder cancer lawsuit on behalf of Clement Dabiere in U.S. District Court, Northern District of New York.  According to his complaint, Mr. Dabiere began taking Actos in 2006, and was diagnosed with bladder cancer in September 2010. 

In addition to Mr. Dabiere's lawsuit, and the Weant's lawsuit in the Southern District of Illinois, other Actos bladder cancer lawsuits were filed in the Northern District of Illinois, Western District of New York, District of New Jersey, Northern District of Ohio and Central District of California.    The JPML will probably not convene a hearing on the proposed consolidation until December, when it is scheduled to meet in Savannah, Georgia.

The U.S. Food & Drug Administration (FDA)  announced in September 2010 that it was launching a safety review of Actos after five-year data  from an ongoing, 10-year  Kaiser Permanente study  demonstrated the risk of bladder cancer increases with increasing dose and duration of Actos use, reaching statistical significance after 24 months.  On June 15, 2011, the FDA issued another safety communication stating that use of Actos for more than one year may be associated with an increased risk of bladder cancer.  This was followed just days later by announcements that regulators in France and Germany suspended sales of Actos after a French-commissioned study also demonstrated a higher risk of bladder cancer in Actos patients who took the drug at the highest cumulative doses and for the longest time

Actos bladder cancer lawsuits allege that plaintiffs have suffered severe, permanent and life-threatening personal injuries, pain, suffering, emotional distress, and lifelong fear of premature death.  Claims further allege that due to use of Actos, plaintiffs will require continued lifelong monitoring, treatment and medications.

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