Louisiana Actos Lawsuit Filed
(07/05/2012) Actos Lawsuit Complaint was recently filed in the United States District Court in the Western District of Louisiana in response to the adverse reactions suffered by Plaintiffs Charles Burtnett and Deborah Berry due to Charles Burtnett’s use of the pharmaceutical drug Actos. Charles Burtnett has contracted bladder cancer and because of his cancer his wife, Deborah Berry, has been deprived of his care, consideration, compassion, and consortium. The Actos Lawsuit Complaint discusses Defendants’ numerous alleged violations of the Code of Federal Regulations (CFR) and demands that Plaintiffs recover punitive and monetary damages as a result of these and other violations allegedly committed by Defendants.
The CFR is the codification of rules that federal agencies have adopted. The Food and Drug section of these regulations is contained within Title 21 out of 50 possible Titles. The main violations cited by the Complaint which are applicable to Title 21 include failure to provide labeling that was informative and accurate; failure to update the label as new information became available; failure to provide information that is necessary for the safe and effective use of the drug; failure to identify specific tests needed for selection or monitoring of patients who took Actos; failure to describe serious adverse reactions and potential safety hazards, and failure of Defendants to utilize accurate, sensitive, specific, and reproducible test methods that have been properly established and documented. Due to all of these violations and other factors listed, Plaintiffs allege that Actos is not safe and effective for its intended use.
Actos was intended to be used in order to control glucose levels in Diabetes Type II patients. Type II diabetes occurs when the body does not produce enough insulin or does not efficiently utilize the insulin that it does produce. Actos was jointly launched for this purpose in 1999 by Takeda North America and Eli Lilly. Both of these entities, along with the other Defendants named in this Complaint, have had a role in the manufacturing, marketing, and distribution of this drug.
Actos is not the only diabetes drug to face lawsuits recently. An ongoing Avandia Lawsuit is still in progress.