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.
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
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.
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.
Posted by Buck Daniel
February 25, 2013 – On February 23rd, Affymax and Takeda instituted a recall of OMONTYS following serious adverse reactions, including life threatening and fatal events. Omontys is used to treat anemia associated with chronic kidney disease for patients on dialysis. Anemia, in which the body is unable to produce enough red blood cells to deliver oxygen to the body’s organs, is often found in kidney dialysis patients. The condition causes fatigue and sometimes heart attacks.
Omontys was produced as an alternative to Epogen, which has been a staple of kidney-dialysis treatment since 1989. However, despite having knowledge that the safety endpoint of cardiovascular events and death was worse for Omontys than for its alternative Affymax kept Omontys on the market. It was further proven, through two randomized controlled trials published in 2013, that Omontys was no more effective than its alternative despite having far greater risks.
About five patients were reported to have died after receiving Omontys, according to the figures provided by Affymax, and around 17 had severe allergic reactions requiring immediate medical help and, in some cases, hospitalization. The reactions could occur within 30 minutes of the first dose.
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.