TORONTO, Jan. 18, 2013 /CNW/ - On January 17, 2013, law firm Rochon
Genova LLP filed its certification record in a proposed class action on behalf of users of a diabetes drug ACTOS (pioglitazone
hydrochloride) against Takeda Pharmaceutical and Eli Lilly. The action
alleges 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 in
The case is brought by the daughter of a Toronto woman who died in April
2011 after battling bladder cancer for more than two years following
her use of ACTOS. Her daughter, a registered nurse, is confident in
the strength of the evidence in support of the case: "I believe the
expert evidence that's been filed confirms what manufacturers knew all
along about the association between ACTOS and bladder cancer. They
had this information and it should have been shared with doctors and
patients years ago. There were much safer treatments my mother could
have used to control her diabetes without putting her life at risk; she
should have been given all the relevant information to make an informed
choice about her treatment. That choice was taken away from her."The
evidence in the record confirms the link between ACTOS and bladder
cancer and includes the opinion of Dr. Bruce Trock, a Professor of
Epidemiology at the Johns Hopkins University School of Medicine. Dr.
Trock reviewed the relevant body of scientific literature and concluded
that "…the body of evidence from epidemiologic studies of pioglitazone
[ACTOS] and bladder cancer supports the conclusion that pioglitazone is
a risk factor for bladder cancer".
The record also contains the report of Dr. Michael Pollak, a Professor
of Oncology at McGill's Faculty of Medicine. Dr. Pollak noted the
early evidence for the association between ACTOS and bladder cancer in
preclinical toxicity studies. In his view, given the availability of
safe alternative therapies, such as metformin, and the very significant
morbidity and mortality associated with bladder cancer, all knowledge
of a potential association between ACTOS and the development of bladder
cancer should have been disclosed by the manufacturers in the
information used by prescribing physicians.
A third report by consultants at AxSource, a Canadian regulatory
consulting firm, concluded that the information about ACTOS published
in the desk reference used by Canadian physicians did not accurately
reflect the knowledge of the manufacturers about the drug's association
with bladder cancer.
The allegations raised in the claim have not yet been proven in court.
The plaintiff and class members are represented by the Toronto based
law firm of Rochon Genova LLP.
SOURCE: ROCHON GENOVA LLP
For further information:
Rochon Genova LLP
121 Richmond St. W, Suite 900
Toronto, Ontario M5H 2K1
Telephone: (416) 363-1867 or toll-free: 1-866-881-2292
Website address: www.rochongenova.com