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.
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 Kim Truongle –
December 6, 2012 – There are transvaginal mesh cases against many manufacturers moving forward across the country.
Johnson & Johnson pulled some of its mesh products off the market earlier this year. State-court cases against Johnson & Johnson are set to begin in New Jersey early next year.
The first MDL trial against the Bard Defendants is currently set for Spring of 2013. Earlier this year, there was a substantial amount of buzz surrounding a California Bard trial. It is important to be cautious of information on the internet and in the press regarding that trial. There were specific and unusual facts in that case that led to the outcome. Although there will be some indirect effect on our cases from that California trial, it is important to not assume that that the outcome there is an indicator of how any particular case may end up.
A new MDL was created in recent months in the Southern District of West Virginia, adding to the four other mesh MDLs already established in this court. The new MDL governs federal cases relating to the manufacturer Coloplast. We have filed cases in the Southern District of West Virginia and are active in this court system.
The Southern District of West Virginia Judge overseeing all mesh MDL cases has set forth strict Orders regarding requirements and deadlines that must be met. We are contacting our clients if any of those deadlines happen to apply to her individual case. It is important to note that there are key statements regarding what must be provided to the Defendants in these cases, and one of the most interesting items relates to the internet and social media. Anything a Plaintiff posts online, including onto social media sites such as Facebook or Twitter, and which relates to her experience with her mesh, must be saved and provided to the Defendants. Therefore, it is important that anyone involved in these cases be mindful before making any online post.
Meanwhile, we are diligently working on behalf of our transvaginal mesh clients, and we are handling each case on an individual basis. This process can take time, and it is normal for there to be seeming lulls in the individual case process as we investigate additional developments in the general cases. Clients and potential clients are always welcome to phone our office directly at (800) 269-3050 for more information. Our national pharmaceutical litigation firm has a dedicated team of attorneys, paralegals, and case managers actively working on the transvaginal mesh cases.
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.