CPUC President Appoints Himself to Lead Investigation Against PG&E

In the five years leading up to the fire, the CPUC found that PG&E committed more than 400 safety violations.  Each time, instead of fining PG&E, it let it off with a warning.

It was the CPUC’s job to keep the public safe from PG&E.  The CPUC failed to do that job.  The CPUC has never adequately explained why it let PG&E slide for so many years.

Michael Peevey has been at the helm of the CPUC since 2002.  Instead of stepping down, he has now appointed himself to lead the investigation against PG&E.

Is it any wonder that the public has no trust in the regulators?

 

Takeda Ignored Bladder Cancer Warning Signs

More than 10 years ago during animal trials of the diabetes drug Actos, its manufacturer (Takeda International) learned that rats exposed to Actos developed more bladder tumors than rats exposed to a placebo. Takeda did not research the cause of increased rate of tumor formation, nor did it conduct further studies with human volunteers. Instead, Takeda minimized the risks, pushed through production and sought FDA approval. Takeda claimed “the evidence did not point to a risk in humans.”

Despite the results of the rat study and though Takeda never tested on human volunteers, the FDA approved Actos for sale in the U.S.

As a condition of its approval, the FDA required Takeda to conduct a 10-year observational safety study. In effect, the FDA gave its endorsement to use the entire global population of Actos users as “human lab rats”. When interim data was available in 2010 , it revealed that patients taking Actos for the longest period had an increased risk of developing bladder cancer -- a result consistent with the rat study.

Again, Takeda decided not to warn users. But this time, the FDA disagreed and advised the public that taking Actos for more than a year may indeed carry an increased risk of bladder cancer. The European regulators went even further, banning Actos altogether from the European market.

Takeda’s failure to properly investigate Actos' side effects and the FDA’s lackadaisical approach raises questions: What purpose do investigative studies serve? Why conduct animal studies if the correlation to humans is ultimately ignored? Can a drug manufacture use patients as “lab rats” and get away with it? If Actos had been properly tested before it hit the global market, how many victims might have been spared bladder cancer?

Actos victims are hopeful that their attorneys will find answers through the newly created multi-district litigation, In Re: Actos (Pioglitazone) Products Liability Litigation.

 

Who is Takeda International?

Takeda International is a global pharmaceutical company headquartered in Japan.  It’s top selling product, Actos,  improves the body's insulin use; while it also reduces blood sugar levels.  In 1998 Takeda entered into a marketing partnership with Eli Lilly and Co. to push Actos in the United States and obtain FDA approval.  Remarkably, one year later Actos was approved for release in the U.S. market and Takeda set up shop in Deerfield, Illinois, its U.S. corporate headquarters.  Actos has been a huge success for Takeda, as Both Takeda  and Eli Lilly marketed the drug in Japan, the United States, France and Germany.  In 2010, Takeda’s global sales revenue from Actos was an estimated $4.8 billion with an estimated 2.3 million prescriptions filled in the United States.  Recently Takeda has been on the defensive.  In 2011 researchers determined that users of Actos are at an increased risk of bladder cancer.  And , the top-selling drug is now the center of hundreds of lawsuits with Takeda as their target.  

Vicarious Liability: Holding One Person Responsible for the Wrongdoing of Another

Can one person be held responsible for the wrongdoing of another? Usually no, but it depends. Some situations justify holding a person responsible for the act of another. For example, an employer will be held responsible for the wrongdoing of an employee that occurs while in the course and scope of employment. And, a landowner can sometimes be held responsible for the acts of a third person which injure someone coming on his property. 

Holding one person responsible for the wrongdoing of another is referred to as vicarious liability.

Vicarious liability can sometimes be imposed on:

  • parents for injuries caused by the intentional acts of their child;
  • a car owner for injuries caused by one driving a car with the owner's permission;
  • an insurance company for negligence of an insured driver;
  • a person who entrusts a dangerous instrumentality to an improper person who causes harm.

But vicarious liability will generally not be imposed on:

  • parents for acts of their child that are merely negligent, except by statute in special situationst;
  • one spouse for the wrongdoings of the other;
  • a landlord for the wrongdoings of a tenant.