Actos Settlement Reached

It was announced Saturday that the $2.4 billion Actos settlement agreement reached on April 28, 2015 is final. The finalization of this settlement with Takeda will benefit just over 10,000 persons claiming injury from its diabetes drug, Actos. Plaintiffs will now be required to submit medical proof of their injury and use, while the settlement administrators review claims packages and approve awards. If you are a client of The Nations Law Firm, we may be reaching out to you in the near future so be looking for any correspondence from us. This is great news for all of our Actos clients!

Opt-In Extensions for Actos (and Potential Delays)

By Buck Daniel

After the proposed Actos settlement was opened for plaintiffs to opt-in, several extensions have been granted that allow opt-in decisions until September 11th. There has been much talk about the reasons for these extensions, but nothing has been confirmed. If we feel that the reasons behind these extensions put the settlement in jeopardy, we will inform our clients immediately. However at this point in time, although there has been a delay in this portion of the settlement and subsequently the date for submission for the settlement administrator’s review, we still expect compensation funds to be available by summer 2016. We urge any of our clients with specific questions about the status of this settlement to contact our office.

Takeda Pharmaceuticals Agrees to Pay $2.37 Billion

By Buck Daniel

Takeda Pharmaceuticals has agreed to pay $2.37 billion to settle the Actos bladder cancer lawsuits in a global settlement agreement. Takeda Pharmaceuticals, which manufactures the drug, and plaintiffs’ counsel reached an agreement that attempts to resolve all pending lawsuits in the United States as well as a number of not yet filed cases. In addition to cases filed in a federal court in Louisiana, those filed in Cook County and other state courts  including several hundred cases consolidated in California state court, can be resolved through this settlement offer.

The Actos settlement will compensate plaintiffs who were diagnosed with bladder cancer as a result of their use of Actos.

As of today, a potential 12,000+ cases are eligible to participate in the settlement of $2.37 billion. The settlement agreement includes cases that have not yet been filed but involve an alleged injury of bladder cancer that occurred prior to April 28, 2015. The only cases that will qualify for this settlement must include Actos use followed by a confirmed diagnosis of bladder cancer.

Actos Case Update

By Buck Daniel

Our cases are on file and we are awaiting the negotiation phase of this litigation. On November 17, 2014, jurors in West Virginia State Court deliberated for approximately three hours before returning with a verdict in the most recent Actos bladder cancer case. The jury concluded that Takeda hid evidence regarding the development and marketing of Actos, along with its link to cancer. The jury ordered Takeda to pay $155,000 over its destruction of those documents, which prevented the plaintiff from proving his claims that the drug caused his cancer. “The verdict is the death knell for Takeda because it establishes once and for all that they intentionally destroyed evidence to bar bladder-cancer victims from proving the drug harmed them.” This is the eighth Actos patient to take a lawsuit to trial and the fifth to win.

A European study released this month has stated that “despite FDA and EMA warnings to the contrary, [there is] no link between pioglitazone (Actos) and bladder cancer.” Specifically the study found no evidence of an association between bladder cancer and 100 days of cumulative exposure to pioglitazone in either men or women; however, the study did relate that a potential mechanistic link does exist. Pioglitazone is a peroxisome proliferator-activated receptor gamma (PPAR-gamma) agonists — and this nuclear transcription factor is overexpressed in bladder tumors.

Latest Actos Trial Verdicts

By Buck Daniel

May 22, 2014 – Two defense verdicts in favor of Takeda have been reached in the past week. On May 15, an Illinois state court jury returned a defense verdict in an Actos bladder cancer death case after four weeks of testimony. Additionally today, a jury in state court in Las Vegas agreed with the company that Actos didn’t cause bladder cancer after a two month trial. These verdicts come on the coattails of a jury returning a large verdict for the plaintiff in the Actos MDL.

Actos MDL: First Trial Verdict

By Buck Daniel

April 30, 2014 – Since our last update, there has been a great deal of activity in the Actos litigation. As of the end of March 2014, there were over 5,000 Actos cases filed in the MDL and Illinois State Court and another 1,000 still expected in the months ahead. That aside, I am happy to report that on April 7, 2014, a jury in Louisiana returned a big Plaintiff’s verdict against the named defendants to punish their wrongful conduct and actions. Although the Court will lower the punitive damage award to a much smaller number and the defendants will appeal the case, this is a terrific result and outcome. Hopefully, it will put the defendants on notice of what Actos has done to thousands of families like yours and steer them in the direction of accepting responsibility for the actions.

More on the trial: Following 34 days of trial, a Louisiana jury ordered Japanese drug maker Takeda Pharmaceutical Company and drug maker Eli Lilly & Co. to pay compensatory and punitive damages after finding the companies’ diabetes drug Actos caused Terrance Allen to develop bladder cancer. Mr. Allen used Actos for over 5 years prior to his development of bladder cancer and was a non-smoker his entire life. The punitive damage award likely stems from evidence that Takeda lost or destroyed critical documents from as many as 46 employees and sales representatives. The missing files belonged to high-ranking Takeda employees who were heavily involved in the development, sales, marketing, and promotion of Actos. Other missing files belonged to rank-and-file sales representatives whose day-to-day work involved marketing and distributing Actos.

There is another Actos trial going on right now in Nevada involving two women, Ms. Bertha Triana, 80, and Ms. Delores Cipriano, 81, who claim Actos caused them to develop bladder cancer as well. Additionally, other Actos trials are being scheduled through the remainder of 2014 and 2015. As these trials unfold, we will keep you posted on the results.