Actos Plaintiffs Attorneys Vow to Keep California Bladder Cancer Cases in State Court

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Judge grants Petition for the Coordination of all pending Actos lawsuits in California, according to Baum, Hedlund, Aristei & Goldman, P.C.

Actos Lawyer, Cynthia Garber

Cynthia Garber, J.D, R.N.

The evidence will show that California residents have the legal right to pursue their claims against Takeda in California State court.

Baum, Hedlund, Aristei & Goldman reports that on January 4, 2012, a hearing was held in the Central Civil West Courthouse, Los Angeles Superior Court to hear a Petition to coordinate and consolidate all Actos bladder cancer cases filed in California state courts (JCCP4696). The Honorable Carl J. West was appointed by the California Judicial Council as the Coordination Motion Judge.

At the hearing’s conclusion, Judge West granted the Petition for the Coordination of all pending Actos lawsuits in California, and stated in his ruling that he would recommend to the Council that the coordinated proceedings be venued in Los Angeles, with the trial judge assigned from the Complex Litigation Panel of the Los Angeles Superior Court.

Included in the California consolidated cases are three Actos lawsuits brought by the national law firm of Baum, Hedlund, Aristei & Goldman, alleging that the diabetes medication caused bladder cancer in their clients, and that Japan-based Actos manufacturer Takeda Pharmaceuticals and its subsidiaries knew or should have known that Actos was linked to an increased risk of bladder cancer.

During the hearing held in Los Angeles, defendant Takeda stated to the court that it will move to transfer all pending California filed cases to the newly formed federal MDL (multi-district litigation) in the Western District of Louisiana. Plaintiff’s counsel countered this statement, arguing that the current California cases have a legitimate basis for filing in California jurisdiction due to the operations of their Takeda San Diego facility and will seek to oppose Takeda’s efforts to remove California Actos plaintiffs to Federal Court.

“We believe we will be successful in keeping our California cases venued in California State Court, now coordinated as the JCCP,” said Actos attorney at Baum Hedlund, Cynthia Garber, who is also an R.N. "The evidence will show that California residents have the legal right to pursue their claims against Takeda in California State court,” Ms. Garber concluded.

Actos (pioglitazone), approved by the FDA to treat type 2 diabetes mellitus, has been at the center of controversy since reports surfaced in June of 2011 linking the drug with a significant risk of bladder cancer. Studies showed that the risk of bladder cancer increased considerably with Actos exposure of longer than one year. The European Medicine Agency and the Federal Institute for Drugs and Medical Devices subsequently suspended the use Actos.

The U.S. Food and Drug Administration (FDA) issued a public announcement on June 15, 2011, alerting the public of the increased risk of bladder cancer associated with Actos. According to the FDA, a 40 percent increased risk for bladder cancer was seen in patients taking Actos for over a year when compared to people not taking the drug.

The agency stated that information about this risk would be added to the labeling of any pioglitazone-containing medication. The FDA further recommended that diabetes patients diagnosed with bladder cancer stop the use of Actos or pioglitazone.

Actos patients should seek legal representation and maximum compensation if they have been diagnosed with bladder cancer or are experiencing urinary bleeding

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Robin McCall, Media Relations
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