NEW YORK, Aug. 2, 2011 /PRNewswire/ -- New York Plaintiffs' powerhouse Napoli Bern Ripka Shkolnik & Associates, LLP, working with noted law firm Slater, Slater, Rosenberger & Schulman, P.C., has filed a lawsuit against Takeda Pharmaceuticals, manufacturer of the diabetes medication Actos® (pioglitazone), in the United States District Court for the Central District of California. The action, one of the first filed against the Actos® manufacturer, arises from claims by Riverside, California resident Jules Berck, who developed an aggressive form of bladder cancer after taking Actos® for over two years. The case, [Berck v. Takeda Pharmaceuticals, Inc., #EDCUII-1226 (VAP)(Opx)], is believed to be the among the first cases filed in what is anticipated to be a litigation of thousands of Actos®-bladder cancer lawsuits. In his Complaint, Berck alleges that Takeda failed to warn of the risks of bladder cancer and that if he had been aware of the dangers connected with the drug, he would have sought an alternative course of treatment. Mr. Berck is now seeking monetary damages from Takeda for his injuries.
Recent studies have indicated a connection between Actos® usage and an increased likelihood of developing bladder cancer. One such study, based on data obtained from the Kaiser Permanente Northern California health plan, found that diabetic patients over 40 years old who had used Actos® for greater than 12 months had a 40% increased risk of bladder cancer compared with patients who had never used the drug.
Actos® sales were suspended in France and Germany in June, 2011, due to the bladder cancer concerns. Shortly thereafter in the United States, an FDA interim review board cautioned that patients taking Actos® for over a year may have an increased risk of bladder cancer. The FDA review is ongoing and thus far, Actos® has not been removed from the US market.
Notwithstanding the FDA's ultimate decision, Mr. Berck's attorneys allege that the manufacturer did not provide proper disclosure of the risk of bladder cancer to potential users of the drug. "Our client was caused to endure tremendous pain and suffering, having had numerous surgeries and chemotherapy treatments," said Napoli Bern Senior Partner Marc Jay Bern. "We believe that Takeda knew or, at a minimum, should have known of this very serious risk. They should have warned doctors and their patients as to the increased likelihood of developing bladder cancer after prolonged Actos® use. We will conduct a thorough investigation of Takeda's actions. We will do all we can to help Mr. Berck and his family."
The law firms of Slater, Slater, Rosenberger & Schulman, P.C., based in New York, and Napoli Bern Ripka Shkolnik & Associates, LLP, with offices in New York, New Jersey, Pennsylvania, Oklahoma, California and Florida, expect to file hundreds of additional Actos® lawsuits in the coming year.
Marc Jay Bern
Napoli Bern Ripka Shkolnik & Associates, LLP
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SOURCE Napoli Bern Ripka & Associates, LLP