New York, New York (PRWEB) January 09, 2014
The federal multidistrict litigation established in U.S. District Court, Western District of Louisiana, for Actos lawsuits (http://www.consumerinjurylawyers.com/actos/Actos-Lawsuit.html) involving bladder cancer allegations continues to prepare for its first bellwether trial later this month, Bernstein Liebhard LLP reports. According to an Order issued on January 7, 2014, U.S. District Court Judge Rebecca F. Doherty has denied Takeda Pharmaceutical, Inc.’s Motion for Partial Summary Judgment, finding that the defense had failed to provide sufficient evidence in support of their preemption defense to the Plaintiffs’ failure-to-warn claims. (Allen et. al v. Takeda Pharmaceuticals North America, Case No. 12cv0064)
“We continue to hear from Actos users who allegedly developed bladder cancer due to extended use of this drug. We are pleased to see these cases moving forward, and look forward to the start of the first bellwether trial in the federal proceeding,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free Actos lawsuit evaluations to long-term users of the medication who have been diagnosed with bladder cancer.
Actos and Bladder Cancer
Actos is approved for the treatment of Type 2 diabetes. In June 2011, the U.S. Food & Drug Administration (FDA) warned that patients who took Actos for a year or more could face an increased risk of developing bladder cancer. The agency mandated that new information regarding this risk be added to the “Warnings and Precautions” section of the Actos label.
Court documents indicate that more than 3,000 Actos bladder cancer claims have been filed in courts around the country, including more than 2,700 that are pending in the multidistrict litigation underway in Louisiana. The first bellwether trial in the proceeding is scheduled to begin on January 27, 2014. The outcome of the case could provide valuable insight into how juries might rule in similar Actos lawsuits. (In re: Actos Product Liability Litigation, MDL No. 2299)
Court records indicate that thee other Actos trials involving bladder cancer claims concluded last year. In September, a Maryland State Court jury awarded $1.7 million to the family of a man who died of bladder cancer following long-term use of Actos. However, according to court records, the judge presiding over the trial tossed out the verdict because the jury also found that the decedent’s decades-long smoking habit contributed to the development of the disease. (An v. Nieberlein, 24-C12003565, Circuit Court for the City of Baltimore, State of Maryland.)
In April. a Los Angeles Superior Court jury awarded $6.5 million to a plaintiff who was diagnosed with bladder cancer after taking Actos for four years. However, the case is on appeal following a decision to set aside the verdict. (Cooper v. Takeda Pharmaceuticals America Inc., CGC-12-518535, California Superior Court)
A third Actos bladder cancer trial concluded in December, with a verdict for the defense. (Alsabagh v. Takeda Pharmaceuticals America Inc., A-12-665708-C, Clark County District Court, Nevada (Las Vegas))
Actos users who were treated with the medication for a year or more may be eligible to file an Actos lawsuit if they went on to develop bladder cancer. Learn More about Actos and bladder cancer by visiting Bernstein Liebhard LLP’s website. For additional information, please call 800-511-5092 today.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP