Kelly Holleran Feb. 1, 2013, 8:32am
The manufacturers of a medication used to treat type II diabetes are defendants in a lawsuit in which 38 people across the United States say they developed bladder cancer following ingestion of the medication.
Lead plaintiff Herbert Tragethon and 37 others allege they began taking Actos, which is manufactured by defendants Takeda Pharmaceuticals. At the time they took the medication, the plaintiffs were unaware that those who took the prescription for more than 12 months faced an increased risk of developing bladder cancer, according to the complaint filed Jan. 9 in St. Clair County Circuit Court.
Even though Takeda was aware of the increased risk of cancer associated with the drug, it failed to warn consumers of it, the suit states.
All of the plaintiffs have been diagnosed with bladder cancer, which is characterized by blood in the urine, back and lower abdominal pain and discomfort, frequent urges to use the restroom and pain during urination.
Because of their use of the prescription and their subsequent illnesses, the plaintiffs experienced weight loss, a loss of appetite, physical pain and mental anguish; suffered from a diminished ability to enjoy life; and endured a fear of recurring cancer. In addition, they incurred medical costs, the suit states.
In their complaint, the plaintiffs allege strict liability, defective design, failure to warn, negligent negligence, breach of express warranty and breach of implied warranty.
The plaintiffs seek a judgment of more than $1.05 million, plus costs, attorneys’ fees, costs and other relief the court deems just.
They are represented by John Driscoll of St. Louis.
St. Clair County Circuit Court case number: 13-L-16.