Punitive damages go beyond compensatory damages and are a way in which to send a strong message to defendants when behavior is deemed particularly harmful to a plaintiff.
Port Washington, New York (PRWEB) March 05, 2015
Parker Waichman LLP, a national law firm that is actively involved in Actos (pioglitazone) litigation and which has long been dedicated to the protecting the rights of victims who have been injured by drugs and medical devices, is commenting on developments involving an Actos lawsuit that went to trial in Philadelphia. The jury ordered Takeda Pharmaceutical Co. to pay $1.3 million in punitive damages on February 13, 2014 and found that Takeda acted with reckless indifference with regard to the plaintiff, who developed bladder cancer, allegedly due to the diabetes drug. The Pennsylvania case is Kristufek v. Takeda Pharmaceuticals America Inc., Philadelphia Court of Common Pleas and the consolidated Actos case in Louisiana is In Re Actos (Pioglitazone) Products Liability Litigation, 11-md-02299, U.S. District Court, Western District of Louisiana (Lafayette).
Parker Waichman is actively involved in the Actos litigation and, according to the firm, continues to be contacted by individuals who have raised concerns regarding their use, or their loved one's use, of the diabetes medication, Actos, and its alleged association with bladder cancer.
The punitive damages award is in addition to the $2.3 million verdict reached the prior week, court records indicate. The plaintiff, a retired 74-year-old teacher, developed bladder cancer allegedly due to his using Actos causing him to have to undergo surgery to remove his bladder. In fact, the jury found that Actos was a significant cause of the plaintiff's bladder cancer and that his physicians were never appropriately warned of the drug’s risks, namely, the increased potential for developing bladder cancer.
Parker Waichman notes that the jury’s decision concerning Takeda’s irresponsible behavior clearly supports ongoing allegations that this drug maker failed to properly disclose the risks of Actos to physicians and patients treated with Actos.
“This is the second time a jury has issued punitive damages in an Actos case,” said Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman LLP. Juries are clearly telling Takeda that they will hold them accountable for their conduct and actions.”
“The ordering of punitive damages is significant,” added Gary Falkowitz, Managing Attorney at Parker Waichman. “Punitive damages go beyond compensatory damages and are a way in which to send a strong message to defendants when behavior is deemed particularly harmful to a plaintiff.”
Parker Waichman LLP has long been actively involved in the Actos multidistrict litigation (MDL). Jerrold S. Parker, founding partner of the firm, has maintained a leadership role throughout the litigation by serving on the Plaintiff's Steering Committee. Parker Waichman LLP has also filed numerous lawsuits on behalf of individuals who developed bladder cancer, allegedly due to their use of the Type 2 diabetes drug, Actos.
Victims of bladder cancer that has been allegedly associated with the use of the diabetes drug, Actos, may be able to recover compensation for lost wages, medical and surgical bills, pain and suffering, and other damages. To learn more about filing an Actos lawsuit, please visit Parker Waichman’s website. For a free case evaluation, please call the firm, toll-free, at 1-800-LAW-INFO to speak with an Actos Bladder Cancer attorney.
Court dockets reveal that there are over 3,500 Actos lawsuits consolidated before U.S. District Judge Rebecca Doherty in Lafayette, Louisiana for pretrial discovery. An additional 4,500 cases have been filed in state courts in Illinois, West Virginia, California, and Pennsylvania, according to court records.
Also according to court dockets, this is the fifth time Takeda has been hit with unfavorable compensatory verdicts. Recently, a Philadelphia jury ordered the company to pay $2 million in damages to a plaintiff who alleged that Actos caused bladder cancer. The jury found that the company failed to warn about the risks and that Actos was a contributing factor. The case is Frances Wisniewski v. Takeda Pharmaceuticals America Inc. et al., case number 120702272, in the Philadelphia County Court of Common Pleas.
Federal regulators were among the first to determine that Actos may lead to an elevated risk in bladder cancer among those who take the drug for approximately one year, according to Parker Waichman. Now, juries appear to understand what they are hearing regarding the potential dangers associated with this drug.
Parker Waichman continues to evaluate Actos lawsuits brought on behalf of people who allege they developed bladder cancer following treatment with Actos. The firm also continues to actively monitor the Actos litigation.
According to Parker Waichman LLP, a number of Actos patients may have developed bladder cancer. “Drug makers have a duty to sufficiently advise consumers and their physicians about any risks associated with a drug,” said Mr. Falkowitz.
Parker Waichman continues to offer free legal consultations to victims who suffered bladder cancer after using the diabetes medication, Actos. If you or a loved one were diagnosed with bladder cancer following Actos treatment, please contact the Firm at its Actos Injury page. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).