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Parker Waichman LLP Files Actos Bladder Cancer Lawsuit on Behalf of New York Man

Sep 2, 2011 | Parker Waichman LLP

Parker Waichman LLP has filed suit against the makers of Actos on behalf of a man who was diagnosed with bladder cancer following long-term use of the type II diabetes medication.  The Actos bladder cancer lawsuit was filed yesterday in U.S. District Court, Northern District of New York.

Plaintiff Clement Dabiere claims Takeda Pharmaceuticals America, Inc.; Takeda Pharmaceutical North America, Inc.; Takeda Pharmaceutical Company Limited; and Eli Lilly and Company concealed and continue to conceal that they were aware that Actos can cause bladder cancer.  He further alleges the defendants have never appropriately informed consumers and the medical community about bladder cancer risks when taking Actos for over 12 months.

According to his complaint, Mr. Dabiere began taking Actos in 2006, and was diagnosed with bladder cancer in September 2010.  His lawsuit points to a number of studies that demonstrated a possible bladder cancer risk associated with Actos, including five-year data  from an ongoing, 10-yeara Kaiser Permanente study that demonstrated the risk of bladder cancer increases with increasing dose and duration of Actos use, reaching statistical significance after 24 months.

While that study prompted the U.S. Food & Drug Administration (FDA) to  announce in September 2010 that it was launching a safety review of Actos, Mr. Dabiere's lawsuit alleges that Robert Spanheimer, Vice President of Medical and Scientific Affairs for Takeda, told Reuters that the Kaiser Permanente study has not shown a risk to patient's of bladder cancer or other cancers from Actos.

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.

Mr. Dabiere alleges that his years of Actos use caused him to suffer severe, permanent and life-threatening personal injuries, pain, suffering, emotional distress, and lifelong fear of premature death.  He further alleges that because of his use of Actos, he will require continued lifelong monitoring, treatment and medications.  The lawsuit charges Takeda and Eli Lilly with, among other things, negligence; three counts of strict products liability, including failure to warn; breach of express warranty; breach of implied warranties; and fraud and deceit.

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