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Takeda, Eli Lilly Named in Illinois Actos Lawsuit

Oct 4, 2011 | Parker Waichman LLP

Another Actos bladder cancer lawsuit has been filed, this time in Illinois state court.  It joins at least 54 others that have been filed in federal courts throughout the country.

According to the Madison County Record, Robert Bettorf began taking Actos in 2007, and was diagnosed with bladder cancer in 2008.  He continued taking Actos until 2011.

In June 2011, the U.S. U.S. Food & Drug Administration (FDA) issued a safety communication stating that use of Actos for more than one year may be associated with an increased risk of bladder cancer.  Regulators in France and Germany also suspended sales of the drug their after a separate study commissioned by French regulators demonstrated an increased risk of bladder cancer associated with Actos in people who took it the longest and at the highest cumulative dose.

According to the Madison County Record, Bettorf's lawsuit claims Takeda Pharmaceuticals and Eli Lilly had research as early as 2005 pointing to an association between bladder cancer and Actos, but never informed the public.

He and his wife, who is also a plaintiff in the suit, are seeking  a judgment of more than $50,000, plus pre- and post-judgment interest, costs, attorneys' fees, costs and other relief the court deems just, the Madison County Record said.  According to the Madison County Record, Bettorf has charged Takeda and Eli Lilly with strict liability, negligent failure to warn, negligent design defect, negligence, breach of express warranty, breach of implied warranty, negligent misrepresentation, and violation of Illinois Consumer Protection Laws and loss of consortium.

The Bettorf lawsuit was filed on September 16 in Madison County Circuit Court.

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