Actos Lawsuit News: Jurors Hearing First Federal Actos Trial Will be Told of Destroyed Files, Bernstein Liebhard LLP Reports

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The Firm is filing Actos lawsuits on behalf of individuals who took Actos for an extended period of time, and allegedly developed bladder cancer due to their use of the Type 2 diabetes medication.

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We are representing a number of clients who have filed Actos lawsuits in this proceeding, and are closely monitoring the first bellwether case. The outcome could provide valuable clues as to how juries might rule in similar claims.

The federal judge overseeing thousands of Actos lawsuits has ruled that jurors hearing the first federal bellwether trial ( will be told that Takeda Pharmaceuticals intentionally destroyed documents compiled by 46 current and former employees that related to the development, marketing and sale of Actos, Bernstein Liebhard LLP reports. According to an Order issued on January 27th, U.S. District Judge Rebecca Doherty of the Western District of Louisiana decided to allow the disclosure after Takeda admitted it had lost the files, some of which were deleted from company computers after employees were warned by executives to retain information relating to Actos. (In re: Actos Product Liability Litigation, MDL No. 2299)

“The breadth of Takeda leadership whose files have been lost, deleted or destroyed is, in and of itself, disturbing,” Judge Doherty wrote in her Order.

“We are representing a number of clients who have filed Actos lawsuits in this proceeding, and are closely monitoring the first bellwether case. The outcome could provide valuable clues as to how juries might rule in similar claims,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free legal evaluations to individuals who were treated with Actos for a year or more, and who allegedly went on to develop bladder cancer due to their use of the drug.

Actos Bladder Cancer Allegations
According to court documents, nearly 2,700 Actos lawsuits have been filed in the federal multidistrict litigation underway in the Western District. All of the claims allege that Takeda failed to warn patients and doctors that long-term use of the Type 2 diabetes drug could result in the development of bladder cancer.

Court records indicate that several Actos bladder cancer trials have already concluded at the state court level. This past September, a jury in Maryland awarded $1.7 million to the family of a man who died of bladder cancer following long-term use of Actos. However, the verdict was tossed out because the jury also found that his 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 four years of Actos use. 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)

In December, a third Actos bladder cancer trial concluded in Nevada with a verdict for Takeda. (Alsabagh v. Takeda Pharmaceuticals America Inc., A-12-665708-C, Clark County District Court, Nevada (Las Vegas))

Individuals who may have developed bladder cancer due to Actos could be entitled to file their own lawsuit against Takeda. To learn more about filing an Actos lawsuit, please visit Bernstein Liebhard LLP’s website. To arrange for a free legal review, 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.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

ATTORNEY ADVERTISING. © 2014 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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