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.

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.

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.

ACTOS CASE UPDATE

By Buck Daniel

August 14, 2013 – Since our last update, several big developments have occurred in the nationwide Actos litigation. The first Actos lawsuit was tried outside of the MDL in Los Angeles, California, where the plaintiff, like all of our own clients, alleged that Takeda failed to warn him of the risks associated with Actos. This lawsuit ended with a verdict for the plaintiff, but the California judge in that case overturned the verdict on a legal technicality. The California case is an example of why it can be dangerous to  file cases outside of a consolidated group, such as the MDL or Illinois state court. However, even though the plaintiff lost that particular case, we see it as a win for our clients, and the remaining plaintiffs, as we can easily spot and avoid the issues that arose during that trial.

The bellwether trial cases mentioned in our last update have now been officially set for January 27, 2014 and April 14, 2014.  Hopefully at the conclusion of these trials, Takeda will take action towards resolving the remaining cases throughout the country. For now, most of our clients are in the process of completing the court ordered Plaintiff Fact Sheets that include a brief personal and medical history. This is the next step in successfully bringing an Actos claim, and one that is essential. So if you are a client and have not completed a Plaintiff Fact Sheet, please be in contact with our office immediately.

Two Trials Scheduled to Proceed for Actos

By Buck Daniel

February 20, 2013 – On February 19, 2013 Judge Rebecca Doherty issued a scheduling order to proceed with two potential bellwether trials in the Actos MDL. These trials are tentatively scheduled for January 27, 2014 and April 14, 2014. Both Plaintiff and Defense counsel will submit a pool of candidates to be possible participants in these trials, and the cases will be chosen shortly thereafter submission of these candidates. A bellwether trial is a trial to indicate future trends in a specific type of case. At a bellwether trial, both sides get to see what evidence the other side has, how the cases are decided and, if they are finding for the plaintiffs, what level of compensation is given. Losing a bellwether case does not necessarily mean the defendants won’t pay anything or offer to settle. Based on the evidence against them, they may still decide to settle rather than facing the cost of litigation and future potential losses at trial. But the bellwether trials give both sides in a lawsuit an idea of how future litigation might go.