Actos Lawsuit Continues in Nevada, Parker Waichman Comments

A Nevada jury has been listening to arguments involving serious safety concerns over the Type 2 diabetes drug, Actos, which has been allegedly associated with bladder cancer.

Parker Waichman LLP, a national law firm that is actively involved in Actos (pioglitazone) litigation and which has long been dedicated to protecting the rights of victims injured by defective drugs and medical devices, is commenting on recent developments involving an Actos lawsuit brought in Nevada.


A jury in Las Vegas, Nevada has been listening to arguments over possible safety issues associated with Takeda Pharmaceuticals’ Type 2 diabetes medication, Actos. The trial began on August 27, 2015 and is being heard before Judge Jerry Wiese. The case is in the Supreme Court of the State of Nevada, No. 68598, district court number A-13-683446-C, Department No. 30, consolidated with Case No. A-14-697468-C, filed August 12, 2015, Takeda Pharmaceuticals America, Inc.; Takeda Pharmaceuticals North America, Inc.; Takeda Pharmaceuticals Company Limited; and Dustin Hindmarch, Does I through X, and Roes 1, through X, petitioners, v. the Eighth Judicial District Court of the State of Nevada, in and for the County of Clark; and The Honorable Jerry A. Wiese II, District Judge, respondents, and George F. Decou, individually; Joann Passer as special administratrix of the estate of Maurice J. Iorio; and Mary Iorio, individually and as surviving spouse of Maurice J. Iorio, deceased, real parties in interest.


Counsel for the plaintiffs will likely seek $2 billion in damages to George Decou and the estate of Maurice J. Iorio. Decou was diagnosed with bladder cancer, which he alleges is due to his having taken Actos. Iorio, also diagnosed with bladder cancer, died from the disease on November 25, 2013; his widow is demanding Takeda take accountability for her loss.


Actos is typically prescribed, along with diet and exercise to individuals diagnosed with Type 2 diabetes and is intended to stabilize the unusually high blood sugar levels associated with the disease. A mounting number of patients who have been prescribed Actos allege that the drug led to their bladder cancer. Bladder cancer is an aggressive cancer that often recurs, even after years of remission. Treatment, as with most cancers, involves chemotherapy and radiation therapy, as well as surgery and other medications. Plaintiffs involved in the Las Vegas Actos trial claim that Takeda knew of Actos’ alleged risks but did not appropriately advise patients, physicians, and others in the healthcare community.


Judge Wiese advised the jury at the start of the trial that Takeda intentionally destroyed documents related to Actos cases, noting that the jury could presume that the destroyed documents would have contributed to the two plaintiffs’ case. Similar instructions were also given to a 2014 jury who heard another Actos bladder cancer trial. Plaintiffs’ counsel pointed out that evidence was intentionally destroyed and that the hard drives of eight of Takeda’s executives were compromised even after being instructed to preserve this specific evidence.


According to opening statements for the plaintiffs, the following was read: “Takeda Pharmaceuticals already acknowledged they have no ability to rebut the presumption that the evidence they destroyed, on a massive scale, was damning. To put it into perspective, they could have filled a football stadium with the amount of evidence they destroyed if it were printed on paper.”


According to opening statements for the plaintiffs, the following was read: “Takeda Pharmaceuticals already acknowledged they have no ability to rebut the presumption that the evidence they destroyed, on a massive scale, was damning. To put it into perspective, they could have filled a football stadium with the amount of evidence they destroyed if it were printed on paper.”


Parker Waichman remains actively involved in the multidistrict litigation (MDL). Jerrold S. Parker, founding partner of the firm, has maintained a leadership role throughout the litigation by serving on the Plaintiff’s Steering Committee. Parker Waichman has also filed numerous lawsuits on behalf of individuals who developed bladder cancer, allegedly due to their use of Actos.


“The firm is supports the plaintiffs decision to bring their case before a jury in open court,” said Matthew McCauley, Senior Litigator at Parker Waichman. “Plaintiffs’ opening remarks send a strong message concerning Takeda’s handling of critical information an that manufacturers must be held responsible for failing to warn about the risks associated with their medications.”


Parker Waichman continues to offer free legal consultations to victims who suffered bladder cancer after using the diabetes medication, Actos. If you or a loved one were diagnosed with bladder cancer following Actos treatment, please visit the firm’s Actos Injury page or, for a free case evaluation, call 1-800-LAW-INFO (1-800-529-4636).


Release ID: 93323