(PRWEB) June 29, 2014
The federal judge overseeing thousands of Actos lawsuits (http://www.theactoslawsuitcenter.com/) in the U.S. District Court, Western District of Louisiana has ruled that Takeda Pharmaceuticals intentionally destroyed documents relevant to a bladder cancer claim that eventually led to a $9 billion jury award, Bernstein Liebhard LLP reports. In a June 20th Order, U.S. District Judge Rebecca Doherty found that Takeda breached its obligation to preserve certain information related to the Actos lawsuit, stating that the absence of that evidence at trial was prejudicial to the plaintiffs. (Case No. 12-cv-00064)
Among other things, the Order directs Takeda to continue its efforts to reconstruct the destroyed files. Judge Doherty also gave plaintiffs’ attorneys leave to file a request to shift to Takeda all costs, including attorneys' fees, related to third-party discovery that was conducted due to the document destruction.
“Our Firm is evaluating legal claims that involve Actos bladder cancer allegations similar to those put forth in this lawsuit. We have been monitoring this matter closely,” 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 Litigation
According to court documents, the case at issue in Judge Doherty’s Order was the first of more than 3,000 Actos lawsuits pending in the Western District of Louisiana to go to trial. In April, the jury hearing the case awarded the plaintiffs $3 million in compensatory damages and $6 million in punitive damages. All of the claims pending in Louisiana allege that Takeda and other defendants concealed the risk of bladder cancer associated with long-term use of the drug. (In re: Actos Product Liability Litigation, MDL No. 2299)
Court records show that the Actos bladder cancer litigation has been mounting since June 2011, when new information was added to the drug’s label regarding its potential to cause bladder cancer. The U.S. Food & Drug Administration mandated the label change after interim results from a 10 year study suggested that taking Actos for more than 1 year was associated with a doubling of the risk of bladder cancer.
Individuals who allegedly developed bladder cancer due to their long-term use of Actos may be entitled to compensation for medical bills, lost wages, pain and suffering, and other injury-related damages. To find out more about Actos lawsuits, please visit 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. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. 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 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.
Bernstein Liebhard LLP represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorneys fees unless their case results in a successful recovery on their behalf. New York States contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firms fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiffs recovery.
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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.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP