LAFAYETTE – A Michigan woman alleges her decedent suffered from bladder cancer as a result of taking a diabetes medication.
Delores Smith, as successor-in-interest to the estate of Jonathan Smith, filed a complaint on April 15 in the U.S. District Court for the Western District of Louisiana against Takeda Pharmaceutical Co. LTD, Takeda Pharmaceutical International Inc., Takeda Pharmaceutical USA Inc., Takeda Pharmaceutical America Inc., Takeda Development Center, Takeda Pharmaceutical LLC, Takeda California Inc. and Eli Lilly and Co. citing strict products liability, negligence and other counts.
According to the complaint, the plaintiff alleges that Jonathan Smith, deceased, used Actos from approximately Jan. 19, 2004, through approximately Nov. 30, 2004. As a result of using Actos, decedent Smith had developed serious and dangerous side effects that caused him to suffer bladder cancer and was thus caused to sustain severe and permanent personal injuries, pain, suffering, mental anguish and ultimately his death, the suit states.
The plaintiff holds the defendants responsible because the defendants allegedly researched, designed, developed, licensed, manufactured, packed, labeled, marketed, distributed pioglitazone-containing medicines including Actos, failed to conduct complete and proper testing of Actos, failed to warn healthcare providers that there is a reasonable association of Actos to bladder cancer.
The plaintiff requests a trial by jury and seeks compensation of more than $75,000, interest, costs of suit, attorneys' fees and all such other relief as the court may deem proper. She is represented by Michael J. Sobieray and David W. Stewart of Stewart & Stewart in Carmel, Indiana.
U.S. District Court for the Western District of Louisiana Case number 6:16-cv-00497