Corboy & Demetrio Files Third Actos Lawsuit Against Diabetes Drug Maker Takeda

January 23, 2015

The Chicago law firm of Corboy & Demetrio has filed its third lawsuit against Takeda Pharmaceuticals on behalf of patients who took the drug Actos for diabetes and later developed bladder cancer.

The lawsuit alleges that for more than 10 years, Takeda concealed and failed to completely disclose its knowledge that Actos was associated with or could cause bladder cancer or to disclose its knowledge that it had failed to fully study and test regarding that risk.

Furthermore, the lawsuit claims Takeda and researchers of a 2005 study which looked at the impact of Actos in high-risk patients, intentionally skewed the findings and failed to disclose that it showed “statistically significant increases of bladder cancer.”

The plaintiff, a 63-year-old man from Plainfield, IN, took Actos for seven years until he was diagnosed with bladder cancer in 2012, caused by his use of Actos.

The lawsuit claims Actos is a defective product because it was unreasonably dangerous and more dangerous than an ordinary consumer, like, the plaintiff, would expect; that the Defendants failed to adequately test Actos before making and marketing it to the public; that the Defendants knew Actos to be defective and unreasonable safe yet failed to warn the public about is defects; and failed to stop marketing Actos after discovering it was defective.

The lawsuit, which seeks punitive damages for alleged “gross negligence,” also claims that the Defendants acted fraudulently in representing to the plaintiff, to the medical community and to the general public that Actos was safe and effective, more so than other diabetes drugs and Actos posed “no statistically significant risk of cancer to bladders in humans.”

Case No. 2014-L-010162; IN RE: ACTOS LITIGATION-Smith v. Takeda Pharmaceuticals and Eli Lilly; Filed in Cook County Circuit Court on Sept. 29, 2014.