Port Washington, New York (PRWEB) April 29, 2014
Attorneys in an Actos injury trial have been accused of engaging in misconduct during a civil Actos trial, prompting the judge involved to consider a request to issue punishments to the lawyers. Parker Waichman LLP continues to evaluate cases of bladder cancer in patients who allege serious injuries associated with Actos.
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs and medical devices, reports that District Judge Kerry Earley, may punish lawyers for misconduct in an Actos trial. According to attorneys representing a woman, 81, diagnosed with bladder cancer, allegations include that her bladder cancer diagnosis is a result of her Actos treatment. The attorneys representing Actos drug maker, Takeda Pharmaceuticals Co., violated court orders, and were disrespectful to the judge, according to a the Las Vegas Review Journal. The woman’s attorneys seek sanctions and describe the case as being in a “persistent misconduct phase.” (April 27, 2014: http://www.reviewjournal.com/news/las-vegas/las-vegas-judge-may-punish-misconduct-actos-trial
Plaintiff, Delores Cipriano, 81, was diagnosed with bladder cancer in July 2012 after taking the diabetes drug Actos (pioglitazone), which is manufactured by Takeda. She and another Las Vegas woman, Bertha Triana, filed lawsuits in 2013 in Clark County District Court against Takeda. Triana, 80, was diagnosed with bladder cancer in May 2012 after taking Actos. Both women allege that their bladder cancer was a result of their having taken Actos; the cases were consolidated for trial. (In Re: Actos [Pioglitazone] Products Liability Litigation, MDL2299 U.S. District Court, Western District of Louisiana; Case # A-13-680556-C, Triana vs. Takeda Pharmaceuticals, Nevada District Court, Clark County)
According to Judge Earley, defense counsel’s behavior during the trial “has been absolutely very egregious…. It has been very disrespectful, at the least,” according to Las Vegas Review Journal. The woman’s attorneys seek sanctions and describe the case as being in a “persistent misconduct phase. (April 27, 2014: http://www.reviewjournal.com/news/las-vegas/las-vegas-judge-may-punish-misconduct-actos-trial
Judge Earley said she tolerated prior behavior as “it’s never in front of the jury”; however, the jury was present on April 11 when, during a sidebar conference, an incident occurred prompting Judge Early to read an admonishment in court. The judge admonished the attorneys and advised the jury to disregard comments and gestures made by one of the attorneys at the sidebar that were seen and heard by the jury. The judge described the actions as “inappropriate” and the Takeda attorney involved was advised to refrain from similar behaviors. The Plaintiff’s attorneys argue that Takeda’s attorneys are intentionally behaving in this manner to cause a mistrial, according to the Las Vegas Review Journal report. (April 27, 2014: http://www.reviewjournal.com/news/las-vegas/las-vegas-judge-may-punish-misconduct-actos-trial
Recently, Takeda Pharmaceutical was ordered to pay $6 billion, and its Actos marketing partner, Eli Lilli & Co., $3 billion, in consolidated Actos cases in Louisiana, representing the seventh-largest jury award in United States history, according to Bloomberg News. (April 8 2014: http://www.bloomberg.com/news/2014-04-07/takeda-actos-jury-awards-6-billion-in-punitive-damages.html) (In Re Actos [Pioglitazone] Products Liability Litigation, 11-md-02299)
Parker Waichman is actively involved in the Actos litigation and has filed lawsuits on behalf of numerous individuals who developed bladder cancer, allegedly due to taking Actos. In fact, Parker Waichman LLP has maintained a leadership role throughout the Actos litigation, with Jerrold S. Parker, founding partner of the law firm, serving on the Plaintiffs’ Steering Committee.
Parker Waichman LLP continues to offer free legal consultations to victims who suffered bladder cancer after using Actos. If you or a loved one were diagnosed with bladder cancer after taking Actos, please contact the Firm by visiting yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636). (http://www.yourlawyer.com/topics/overview/actos)