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Parker Waichman representing West Virginia man in Actos bladder cancer lawsuit

Filed May 1st, 2012 Laurie

A West Virginia man has become the latest to claim taking the Type 2 diabetes drug Actos resulted in his bladder cancer diagnosis.

According to a release announcing the lawsuit, the West Virginian was prescribed Actos in 2005 as a drug treatment to control blood glucose levels elevated by diabetes. The man took the drug for several years unaware that it carried a risk of developing bladder cancer.

In a lawsuit filed on behalf of the man by the national law firm of Parker Waichman LLP, the drug’s maker, Takeda Pharmaceuticals, is accused of concealing evidence showing that its drug posed a risk of bladder cancer, especially when taken over longer periods of time or at high doses. The lawsuit was filed on April 25 in U.S. District Court for the Western District of Louisiana. That court has been selected as host of that Actos Bladder Cancer Multidistrict Litigation, establishing a single federal judge to preside over federal lawsuits making this claim. Jerrold S. Parker, founding partner of Parker Waichman LLP, has been appointed to the Plaintiffs’ Steering Committee in the Actos Litigation, and the firm continues to represent prospective clients in this litigation.

Last year, the Food and Drug Administration issued a Drug Safety Communication suggesting that some evidence points to an increased risk of bladder cancer among people taking Actos for a period of longer than a year.

Actos has become a leading drug in the fight against Type 2 diabetes and has replaced the previous leading drug, Avandia, after it was essentially removed from the market when it was linked to dangerous and life-threatening side effects.

According to the release, the lawsuit makes several charges against Takeda and Eli Lilly, marketers of the drug in the U.S., including Negligence; three counts of Strict Products liability, including Failure to Warn; Breach of Express and Implied Warranty; and Fraud and Deceit. The lawsuit seeks compensatory and punitive damages from the drug companies.

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