San Diego, CA (PRWEB) October 03, 2013
Resource4thePeople announced today in its latest consumer update that a Maryland jury has awarded the family of a man who allegedly died of bladder cancer from the use of Actos $1.7 million in damages.*
However, the judge presiding over the case ruled afterward that because the jury also found that the victim's smoking habit contributed to his death the verdict must be overturned under Maryland law.
This is the second time this year that a jury has found in favor of a plaintiff alleging that Takeda Pharmaceuticals -- the medication's manufacturer -- was liable over bladder cancer but had the damages overturned on legal technicalities, according to court documents.
The first case occurred in April after a jury in California found that Takeda should pay $6.5 million in damages over similar allegations, according to the court file in that case.**
"In two cases involving serious allegations that Takeda failed to properly warn patients and doctors about the drug’s links to bladder cancer juries have returned verdicts in favor of the victims," said Resource4thePeople.
"Although the judge in the cases were forced to set aside the verdict over separate legal issues these outcomes could be a predictor of what may happen in the remaining thousands of Actos lawsuits and our national network of lawyers will continue to offer free consultations over bladder cancer claims."
Bloomberg News reported Sept. 26, 2013 that Takeda Pharmaceuticals, which is Asia's largest drug manufacturer, has been named in "more than 3,000 suits over the drug."***
Over 1,200 of these Actos lawsuits are part of what is called a federal multidistrict litigation that have been assigned to a U.S. District Court judge in Louisiana who has scheduled a bellwether case to be held in January.
"A bellwether trial is one selected as a test of the strengths and weaknesses of both sides in this litigation and assists the lawyers and judges in evaluating the progress of these lawsuits," said Resource4thePeople.
"The results of the first two state cases may serve as precursor of what will occur as the federal cases move toward trial and have been generating an increase in consumer inquiries to our lawyers from others who may have been affected by these allegations."
In the Maryland case, Bloomberg News provided the following details of the Actos lawsuit tried there:
"A Maryland jury ruled that Takeda Pharmaceutical Co. (4502) didn’t properly warn an ex-U.S. Army translator and his doctor about the risks of its Actos diabetes drug and ordered the company to pay more than $1.7 million in damages. A judge immediately threw out the verdict.
"Jurors in state court in Baltimore deliberated more than six hours over two days before finding Asia’s largest drugmaker liable for the cancer death of Diep An, Michael Miller, one of An’s lawyers, said in an interview. Since jurors also found that An contributed to his death by smoking for 30 years, Judge Brooke Murdock set the verdict aside based on Maryland law."
The number of cases in this multidistrict litigation has now increased to 2,534, according to the latest figures provided by federal court officials.*****
“The huge number of lawsuits that are being filed over allegations that Actos patients have suffered bladder cancer from their use of the drug has been steadily increasing from consumers claiming they should be entitled to compensation for their medical costs and other expenses,” said Resource4thePeople.
The federal consolidated lawsuits were assigned to U.S. District Judge Rebecca F. Doherty in the Western District of Louisiana. Doherty was chosen by a national federal panel of judges to oversee pre-trial evidence-gathering and legal procedures in the litigation and possibly eventually decide whether to grant the litigation class-action status.
“We will continue to monitor these proceedings and report the status of the litigation to consumers who may have been affected by the alleged side effects that are central to these lawsuits,” said Resource4thePeople.
Concerns about Actos were raised by the U.S. Food and Drug Administration on June 15, 2011 after the agency staff reviewed a Takeda-sponsored study which documented an increased risk of developing bladder cancer with Actos than other diabetes drugs.******
Here is part of the safety announcement:
“The U.S. Food and Drug Administration (FDA) is informing the public that use of the diabetes medication Actos (pioglitazone) for more than one year may be associated with an increased risk of bladder cancer. Information about this risk will be added to the Warnings and Precautions section of the label for pioglitazone-containing medicines. The patient Medication Guide for these medicines will also be revised to include information on the risk of bladder cancer.”
Resource4thePeople also reports that India has now banned the sale of the medication out of concerns for consumer safety as detailed******* in the June 27, 2013 edition of The Times of India, the national newspaper, which wrote:
“In the case of pioglitazone too, France has already taken it off the shelves, while in the US it is sold with a boxed warning. The warning emphasizes that it may cause or worsen heart failure, and its use for over a year may be associated with an increased risk of bladder cancer.”
- An v. Nieberlein, Case # 24-C12003565, Circuit Court for the City of Baltimore, State of Maryland
** Cooper v. Takeda Pharmaceuticals America Inc., Case #CGC-12-518535, California Superior Court, Los Angeles
****In Re: Actos (Pioglitazone) Products Liability Litigation, MDL2299 U.S. District Court, Western District of Louisiana