The lawsuit was filed by Helen Ge, a former medical reviewer for Takeda Pharmaceuticals, maker of Actos. As reported by Bloomberg (3/6/12), Ge alleges that Takeda did not classify "non-hospitalized or non-fatal" congestive heart failure incidents between 2007 and 2010 as serious. Serious adverse events must be reported to the FDA's Adverse Event Reporting System by drug manufacturers.
Ge filed her whistleblower lawsuit in 2010, and documents related to the lawsuit were recently unsealed. In the documents, Ge argued, "Takeda's motivation to fraudulently report and under-report the serious adverse events was driven by an economic desire to falsely enhance Actos's safety profile and to increase sales."
Despite the allegations, however, the US Justice Department did not join Ge's lawsuit, nor did 24 other states. A spokesperson for Takeda said the company "complies with all laws and regulations regarding the reporting of adverse events," (as quoted by Bloomberg; 3/6/12).
But Ge alleges that Takeda told medical reviewers to change their opinions of adverse event classifications so that Actos would appear safer than Avandia.
READ MORE ACTOS SIDE EFFECTS LEGAL NEWS
The FDA notes that there is information about the risk of bladder cancer on the Actos warning label. However, an attorney speaking with CBS News said that given the other, safer options for treating Type 2 diabetes, patients should not be put at a risk of bladder cancer. The lawsuit further alleges that Takeda hid their knowledge about the risk of bladder cancer.