Children of Deceased Actos Bladder Cancer Victim File Lawsuit
Tracy Ray | July 20th, 2012
A lawsuit against Takeda Pharmaceuticals and Eli Lilly was filed on July 3, 2012 by the son and daughter of Albert U. Dendo, a diabetes patient who died of bladder cancer after taking Actos for four years. As is the case with other Actos lawsuits, the plaintiffs charge that the defendants failed to warn their father and other patients about the medication’s link to bladder cancer.
The plaintiffs in the case are Sandra D. Miller, individually and as Successor in Interest to the Estate of Albert U. Dendo, deceased, and Michael Dendo. The lawsuit was filed in the Superior Court of the State of California (Los Angeles).
Plaintiffs seek compensation for father’s suffering and untimely death
Albert U. Dendo took Actos from 2006 to 2010. The lawsuit states that he developed bladder cancer resulting from Actos. He died on December 28, 2011.
The plaintiffs charge that as a direct result of using Actos, Albert Dendo suffered side effects of Actos that caused him conscious pain and suffering, mental anguish, bodily impairment and physical injury, including bladder cancer that spread to other organs, bladder surgery, and ultimately bladder failure and untimely death. They seek compensation for his injuries, pain and suffering, mental anguish, and untimely death, as well as medical expenses and special damages. They note in the lawsuit that because of the damage caused by Actos, they will forever be deprived of their father’s society, love, companionship, moral support, and affection.
Takeda knew of medication’s risks, lawsuit alleges
The lawsuit alleges that before Actos was granted FDA approval in 1999, the defendants knew, or should have known, that Actos was associated with an increased risk of bladder cancer, but chose not to warn patients or the medical community. As evidence, the suit cites studies that show an increased risk of bladder in patients using Actos.
In 2011, the FDA issued a warning about the increased risk of bladder cancer in patients who used Actos for longer than 12 months, based on its evaluation of the five-year interim findings of an ongoing 10-year cohort study.
The lawsuit brings counts of failure to warn, negligence, defective design, strict liability, wrongful death, negligent misrepresentation, deceit by concealment, breach of implied warranty, and violation of California Business & Professional Codes.
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