Actos Lawsuit Trouble Possible in 2014

A recent bellwether lawsuit in Nevada against Actos manufacturer Takeda Pharmaceutical America clears Takeda of any liability regarding the plaintiff, Allen Alsabagh, and his bladder cancer. A jury cleared the company after hearing the extenuating circumstances of the case that proved that Actos was not a determining factor in the plantiff’s bladder cancer formation.

Allen Alsabagh began taking generic forms of Actos from global online pharmacies to treat his Type 2 diabetes. The U.S. FDA has approved generic forms of Actos in 2012, however this was after Alsabagh had been diagnosed with bladder cancer. Many outside factors started adding up against the plaintiff, including the fact that because Alsabagh had purchased his medication online, there was no way of proving that the generic Actos was in fact manufactured by Takeda. Drugs from outside of the United States are handled and warehoused over and over, increasing error. Sometimes these medications are seized by customs officials.

Alsabagh, a smoker, had previously sued the company over the development of bladder cancer while on the mediation, however his reward was struck due to the plaintiff’s smoking habits, a contributing factor to the bladder cancer. Because Alsabagh had immigrated to the U.S. in 1988, he had incomplete medical records, making it even more difficult to prove that Actos was to blame for his bladder cancer.

The plaintiff’s attorneys argued that an Actos label change demanded by the FDA regarding the risk of bladder cancer while on Actos came a year after Alsabagh had fallen ill with cancer. They also argued that the drug had been banned in some European countries like France and Germany after studies concluded its link to bladder cancer. They believe that Takeda ignored evidence of the link in order to generate more profits.

The Past and Future of Actos Lawsuits

Currently, 2,750 Actos related lawsuits exist within a multi-district litigation. Two previous bellwether cases favored both plaintiffs charges against the manufacturer, however the verdicts were later reversed. What could these three bellwether verdicts mean for future plaintiffs? Those affected will have to wait and see when the first federal trial regarding Actos is is held in January 2014 in Louisiana, where more than 1,000 individual cases were consolidated.

The drug Actos became popular after its main competitor, Avandia, was linked to heart issues including heart attack. Millions switched to Actos, however the drug was only slightly less of a risk than the drug Avandia.

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