Parker Waichman LLP

Lawsuit Charges Drugmaker Hushed Actos Cancer Reports

Civil Suits Against The Makers of Actos. A whistleblower lawsuit against the makers of the diabetes drug Actos could make it easier for consumers harmed by the medication to seek relief in civil suits against the manufacturer. Lawsuit claims drugmaker Takeda failed to disclose cancer and heart failure related to usage of Actos medication Employee […]

Civil Suits Against The Makers of Actos. A whistleblower lawsuit against the makers of the diabetes drug Actos could make it easier for consumers harmed by the medication to seek relief in civil suits against the manufacturer.

  • Lawsuit claims drugmaker Takeda failed to disclose cancer and heart failure related to usage of Actos medication
  • Employee brought up underdisclosure and was promptly fired
  • Users of Actos who suffered side effects could have personal injury claim

Miracle Drug

Dr. Helen Ge, a medical doctor and experienced drug safety consultant, was hired by the pharmaceutical company Takeda in 2008 to help ensure product safety as well as proper review and testing of negative reactions to the company’s drugs. At the time, Takeda’s crown jewel was a diabetes medicine known as Actos.

Actos was supposed to be a miracle drug, hailed as a safer alternative to Avandia, which had recently seen its market share plummet after being linked to heart attack, heart failure and stroke. Actos was bringing in billions in sales, and accounting for half of Takeda’s revenue.

However, during Ge’s tenure at the drug company, she noticed a disturbing trend. Of more than 100 reports of bladder cancer reported to the company by Actos users, only 72 were relayed to the FDA. Ge also claimed that hundreds of congestive heart failure events went unreported.

However, when she went to her superiors with her concerns, Ge was fired, in January 2010. She filed a lawsuit later that year, which was unsealed last month.

Culture of Fraud

In an 111 page complaint, Ge lambastes Takeda’s “culture of fraud,” alleging, among other things, that the company suppressed reports of bladder and other cancers, suicidal ideation, renal failure, strokes and various heart problems. ‘Actors’, the lawsuit contends, is actually more dangerous than Avandia, despite its marketing campaign to position itself as a safer alternative.

Daniel C. Burke

“What the lawsuit does is essentially says that these things were happening in their clinical testing, within their knowledge, to patients and they weren’t reporting those adverse events properly,” says Daniel Burke, senior litigation counsel at national personal injury firm Parker Waichman, which is taking on cases for individuals who were harmed by Actos. “It essentially alleges that the Actos drug was more dangerous than some of the other drugs that were in the same class. Although Actos was being advertised as safer than other drugs, there was evidence it may have been as or more dangerous.”

Not only were an unknown number of consumers harmed by taking a drug without all the information about its side effects, Medicare, Medicaid and other government health programs paid out for tens of thousands of prescriptions it never would have approved had the manufacturer been honest about the dangers of the drug, the lawsuit alleges.

The federal government’s interest allows Ge to bring her complaints to them and be protected as a whistleblower under the False Claims Act. The lawsuit is filed on behalf of the federal government and 23 states to recover payments made to Takeda based on the company’s allegedly fraudulent claims.

Individual Claims to Follow

Actos is just one of numerous prescription drugs currently the subject of active or potential litigation. The stories become repetitive: Drugmaker downplays or fails to disclose harmful and deadly side effects of their product, consumers seeking medical treatment come away more ill than they started and the lawsuits start to pile up.

For consumers who think they could have been harmed by using ‘Actors’, the Helen Ge lawsuit could help make their case more clear. “They weren’t reporting things. Unsealing the whistleblower complaint certainly brought that to light,” Burke says.

‘Actors’ users who think they have a case should consult with a law firm experienced in handling drug cases and review their history with an attorney to see if a lawsuit is a possibility. “Go over when you took the drug, how long you took the drug, when you were diagnosed,” Burke explains. “Folks who developed congestive heart failure, or had heart attacks or strokes are folks we’d like to talk to as potential plaintiffs.”

Need Legal Help Regarding Actos Cancer Reports?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I am very happy with the experience that I had with Parker Waichman LLP. Both my Attorney, Brett Zekowski and Lynda Luckman were very professional, courteous and helpful. Mr. Zekowski and Mrs. Luckman personally called me with updates regarding my case, answered my questions promptly and were a comfort through a difficult time.
MARION MUSUMECI
5 years ago
5 Star Reviews 150
The employees at Parker Waichman were extremely knowledgeable and very helpful in resolving all matters pertaining to my case. I consulted with several members of the Parker Waichman team throughout the process and I was extremely impressed with their knowledge and genuine concern for me as an individual. I worked extensively with Benita Rollis towards the end of my case. She was extremely professional and detail oriented. She was always there to answer any question I had no matter how insignificant it may have been. I could not have done it without Benita and Parker Waichman helping me navigate this process every step of the way. I would highly recommend Parker Waichman.
Fred Raman
a year ago
5 Star Reviews 150
Cases apparently take some time to resolve, the staff has worked diligently for a resolution in my case and I appreciate the hard work being done over this period of time.
Valerie Maddox
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038