Actos Cancer Lawsuit Filings Begin to Mount

The number of Actos lawsuit filings by individuals throughout the United States who developed bladder cancer after taking the popular type 2 diabetes drug are starting to pile up. 

After the first reported Actos bladder cancer lawsuit was filed in early August, the number of complaints filed in various federal district courts has steadily increased, with more than 25 complaints filed against Takeda Pharmaceuticals so far in September.

All of the cancer lawsuits over Actos involve similar allegations that Takeda failed to adequately research their medication or warn about the increased risk of Actos causing bladder cancer when it is used for more than a year.

The first complaints were filed just weeks after the FDA issued warnings about the potential Actos cancer risk in June 2011. Although some European countries called for an Actos recall to be issued due to the higher incidence of bladder cancer among users of the drug, Actos has been allowed to remain on the market in the United States with new warnings about the risk.

Late last month, a petition was filed with the U.S. Judicial Panel on Multidistrict Litigation asking that the federal Actos cancer litigation be consolidated before on judge for coordinated handling during pretrial proceedings. This would help reduce duplicative discovery and avoid conflicting rulings from judges in different districts. The MDL process may also help facilitate an Actos settlement agreement for bladder cancer victims.

The motion requested that all Actos cancer lawsuits filed throughout the country be centralized before Judge G. Patrick Murphy in the U.S. District Court for the Southern District of Illinois. However, other plaintiffs have filed responses suggesting other jurisdictions for the Actos litigation to be centralized, such as the U.S. District Court for the Northern District of Ohio before Judge Dan A. Polster.

On Wednesday, Takeda Pharmaceuticals filed a request for additional time to file their response. The MDL Panel is not expected to hold oral arguments until a hearing scheduled for December 2011.

Actos (pioglitazone) was approved by the FDA to treat Type 2 Diabetes in July, 1999. It is a once-a-day pill that increases the body’s sensitivity to insulin. The medication has grown in popularity in recent years, after studies linked it’s primary competitor, Avandia, to an increased risk of heart attacks and death. Last year, Actos generated $4.3 billion in sales for Takeda Pharmaceuticals.