Plaintiffs named in the Actos bladder cancer lawsuit are the Minnesota-based Painters and Allied Trades District Council 82 Health Care Fund, Annie M. Snyder, a California consumer, Rickey D. Rose, a Missouri consumer, John Cardarelli, a New Jersey consumer, Marlyon K. Buckner, a Florida consumer, and Sylvie Bigord, a Massachusetts consumer. The plaintiffs are represented by Baum, Hedlund, Aristei & Goldman, PC, of Los Angeles, CA, Pendley, Baudin & Coffin, L.L.P., of New Orleans, LA, and Larson King, L.L.P., of St. Paul, MN.
The plaintiffs claim that the defendants engaged in a decade-long scheme to conceal the significant bladder cancer risks associated with Actos. As a result of the alleged deception, consumers, prescribers, and third-party payers were denied the knowledge necessary to make informed decisions regarding the purchase and/or reimbursement of Actos prescriptions.
The Actos RICO class action lawsuit allegations against Takeda and Eli Lilly include the following:
- Concealing from the FDA that Takeda’s original partner in developing Actos, pharmaceutical company Upjohn, pulled out of the deal due to safety and toxicology issues raised in animal trials.
- Paying “experts” to deceive the FDA regarding bladder cancer risks that had been raised in animal studies.
- Conspiring with other experts to conceal Actos’ mechanism of action to avoid an association with similar drugs that had been linked to bladder cancer and obtain FDA approval to conduct pediatric trials—potentially worth over $2 billion in additional sales.
- Misreporting the results of a clinical trial called the PROactive study to avoid revealing a statistically significant 2.83 times greater risk of bladder cancer in patients who took Actos.
- Instructing sales representatives to avoid talking about Actos bladder cancer risks.
- Destroying important documents of high level Takeda executives after being legally required to preserve them. Last year, a federal judge ruled that Takeda intentionally destroyed evidence relevant to the Actos multidistrict litigation (MDL).