Beasley Allen lawyers continue to pursue Actos claims on behalf of individuals who have been diagnosed with bladder cancer after using Actos to treat their type 2 diabetes. Andy Birchfield and Roger Smith, lawyers in our Mass Torts Section, have been actively involved in pretrial activities, preparing for the bellwether trials. A jury was selected and the trial in the first Bellweather case was to start with opening statements on Feb. 3. The second is set in July 2014. Each of the cases is in the United States District Court for the Western District of Louisiana.
In June 2011, the U.S. Food and Drug Administration (FDA) warned that the use of Actos for more than one year had been linked to a doubling of the risk of developing bladder cancer. Since then, more than 6,000 lawsuits involving bladder cancer allegations have been filed in federal and state courts. To date, three lawsuits involving Actos bladder cancer claims have gone to trial.
The first Actos trial, which concluded in April 2013 in Los Angeles Superior Court, resulted in the jury awarding the Plaintiff $6.5 million after finding that the drug manufacturer, Takeda, failed to warn of potentially severe side effects. Takeda requested the verdict to be set aside based on the Plaintiff’s witness testimony, however, and the judge overturned the damage award. The Plaintiff has appealed that decision.
In September 2013, the second Actos trial concluded in Maryland State Court with $1.7 million being awarded to the family of a man who died of bladder cancer after taking Actos. But the trial court in that case also set aside the verdict. That was in accordance with Maryland law because the jury determined that the decedent’s smoking habit also contributed to the development of bladder cancer.
In December 2013, the third Actos trial concluded in Las Vegas, Nevada, with a Defense verdict. This case involved prescription Actos that was purchased through a non-FDA approved non-U.S. pharmacy. This marked the first time that a jury decided in Takeda’s favor.
As many as 17 Actos cases are scheduled to go to trial in 2014, including the first two bellwether cases mentioned above that are in the Actos MDL. If you have any questions regarding any aspect of this litigation, or if you would like for our lawyers to review a potential claim, contact either Andy or Roger at 800-898-2034 or by email at Andy.Birchfield@beasleyallen.com or Roger.Smith@beasleyallen.com.
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