Quebec Class Action Commenced Against Diabetes Drug Manufacturers and Distributors: Quebec Man Prescribed ACTOS Contracts Bladder Cancer
MONTREAL, July 31, 2012- The law firm of ROCHON | GENOVA LLP issued a class action on behalf of users of a diabetes drug ACTOS (pioglitazone hydrochloride) residing in Quebec against the manufacturers and distributors of ACTOS, Takeda Pharmaceutical Company, and its affiliates, and Eli Lilly.
ACTOS was approved for sale in Canada in August, 2000 to control blood sugar levels in people with Type 2 (non insulin-dependant) diabetes. A June 2011 study reported to the FDA found a clear link between pioglitazone and increased bladder cancer risk. As a result, the FDA in the U.S. issued a warning, now incorporated on the drug’s label, that use of ACTOS for more than one year may be associated with an increased risk of bladder cancer. French and German drug regulators suspended sales of ACTOS entirely following the results of similar studies in those countries.
The class action, filed with the Superior Court of Montreal, alleges, among other things, that the defendants knew or ought to have known that ACTOS materially increases the risks of bladder cancer and failed to disclose those risks in a timely manner and have failed to recall the drug.
The proposed Representative Plaintiff for users of ACTOS is Jimmy Whyte, a 64-year-old retiree living in Kahnawake, Quebec. Mr. Whyte was prescribed ACTOS for the treatment of his Type-II diabetes in November 2008 and was diagnosed with bladder cancer in April 2012.Mr. Whyte stated: “It would have been important to know that ACTOS would increase my risks of developing bladder cancer before I began taking it. I believe this class action is necessary to determine whether the manufacturer of this drug should be held responsible for not disclosing such important information to me.”
The allegations raised in the claim have not yet been proven in court. The plaintiff and the prospective class members are represented by the Toronto based law firm of ROCHON | GENOVA LLP.