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FDA Issues Warning about Neurosurgery Device that May Cause Injuries

Sep 30, 2015

In the Supreme Court of the State of Nevada, jurors continue to hear arguments in a case over Actos bladder cancer claims. Judge Jerry Wiese is presiding over the case, and told jurors at the beginning of the trial that Takeda purposely destroyed documents related to Actos litigation. He noted that the documents could be presumed to support plaintiffs' claims. The case has been filed on behalf of two plaintiffs who developed bladder cancer after using Actos, one of whom died in November 2013; his widow is being represented in the case.

Plaintiffs' opening statements read: "Takeda Pharmaceuticals already acknowledged they have no ability to rebut the presumption that the evidence they destroyed, on a massive scale, was damning. To put it into perspective, they could have filled a football stadium with the amount of evidence they destroyed if it were printed on paper."

More than 8,000 lawsuits have been filed alleging that Actos caused bladder cancer. Takeda is accused of failing to warn about the risks. Appropriately 3,500 are consolidated before U.S. District Judge Rebecca Doherty in Lafayette, Louisiana and another 4,500 cases have been filed in state courts in Illinois, West Virginia, California and Pennsylvania. Plaintiffs allege that they would not have taken Actos if they were fully informed of the risks.

The national law firm of Parker Waichman LLP is actively involved in the Actos multidistrict litigation (MDL). Jerrold S. Parker, founding partner of the firm, has maintained a leadership role throughout the litigation by serving on the Plaintiff's Steering Committee. Parker Waichman has also filed numerous lawsuits on behalf of individuals who developed bladder cancer, allegedly due to their use of Actos.

Actos was developed by Takeda and Eli Lilly, but is now exclusively marketed by Takeda in the United States. The drug has prompted safety concerns after a growing body of evidence suggested a link to bladder cancer. The U.S. Food and Drug Administration (FDA) warned in 2011 that Actos users may have a higher risk of developing bladder cancer when using the drug for longer than one year. Prior to that announcement, a French study linked Actos to bladder cancer; the drug was suspended in France and usage was restricted in Germany.

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