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.
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.
Posted by Buck Daniel
November 7, 2012 – A scheduling order issued by Judge Rebecca Doherty has set the first Actos lawsuit trial to begin on November 3, 2014 with a second trial scheduled for July 8, 2015. The judge also stated in the scheduling order that the attorneys for plaintiffs and defendants must select these potential trial cases by June 3, 2013 so that a definitive order and roster of parties can be finalized. The parties will have until September 30, 2013 to complete core discovery in these cases.
Judge Doherty stated in the scheduling order that even though these court cases are more than two years from now, the large scope of the litigation, the number of plaintiffs who have already filed Actos bladder cancer claims and the number of additional plaintiffs who could join the litigation that these deadlines need to be met in order for the case to avoid potentially long delays.
Posted by Buck Daniel
November 7, 2012 – A consolidated complaint was filed by 12 plaintiffs, who claim to have been diagnosed with bladder cancer as a result of using Actos, on August 14, 2012. Specifically, the court documents allege that the defendants, Takeda Pharmaceuticals, should have known about the risks of developing bladder cancer after using Actos. The filing further alleges that the defendants were specifically aware of these dangers prior to seeking approval to market Actos from the FDA in 1999. Finally, the court documents allege that Takeda continued to conceal this knowledge and willfully put the lives of the plaintiffs, as well as the general population, at risk by way of warnings on the product that were vague and inadequate.
June 1, 2012 – American Association for Justice Trial Magazine June 2012
Drugs & Devices: How Big Pharma Puts Patients at Risk
“Bad Actos” by Howard L. Nations and John M. Restaino
“The safety of Actos, an oral diabetes drug that increases the body’s sensitivity to insulin, has been increasingly called into question since 2010. That was when the FDA announced that it was “reviewing data from an ongoing, 10-year epidemiological study designed to evaluate whether Actos (piolitazone) is associated with an increased risk of bladder cancer.” Read the rest of the article in Trial Magazine.
By Buck Daniels
May 31, 2012 – In a linked study … Azoulay and colleagues found that more than two years daily exposure to pioglitazone doubled the risk of bladder cancer. Read the full PDF article on further evidence of bladder cancer here.