Actos Lawsuit Update: New Case Management Order Establishes Protocol for Deposition of Witnesses with Serious Health Issues, Bernstein Liebhard LLP Reports

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Bernstein Liebhard LLP is now investigating Actos bladder cancer lawsuits on behalf of individuals who developed bladder cancer following long-term use of Actos.

Bernstein Liebhard LLP | Consumer Injury Lawyers
Because of the nature of the plaintiffs’ injuries, some unfortunately may not survive long enough to be deposed. The establishment of the In Extremis protocol is essential.

The federal judge overseeing hundreds of Actos lawsuits in the U.S. District Court, Western District of Louisiana, has issued a new Case Management Order establishing protocols for In Extremis depositions, Bernstein Liebhard LLP reports. The Order, dated January 8, 2013, will apply should an attorney become aware that a party’s or witness’ health has deteriorated to the point where their life or competency is a risk. Among other things, attorneys in Actos bladder cancer lawsuits have been directed to provide notice to opposing counsel as soon as possible after learning that a plaintiff or witness has reached, or is expected to reach within the next 6 months, the state or condition of being no longer being able to testify in a deposition, or is not expected to survive beyond 6 months. If the witness in question is a plaintiff, the notice must be accompanied by a letter from the treating physician that briefly describes the plaintiff’s condition and provides a prognosis. (In re: Actos Product Liability Litigation, MDL No. 2299 [W.D. La.])*

“Because of the nature of the plaintiffs’ injuries, some unfortunately may not survive long enough to be deposed. As such, the establishment of the In Extremis protocol is essential,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free Actos bladder cancer lawsuit consultations to individuals who may have developed the disease due to long-term use of Actos.

Actos Bladder Cancer Lawsuits
The federal Actos litigation was established in December 2011 by the U.S. Judicial Panel on Multidistrict Litigation in anticipation of a large number of Actos lawsuit filings in federal courts throughout the U.S. Claims allege that Takeda concealed knowledge that Actos increased the risk of bladder cancer, and failed to provide patients with adequate warnings regarding the risk. According to court documents, more than 1,000 Actos bladder cancer lawsuits are now pending in the Western District of Louisiana. The first trial in the federal Actos litigation is scheduled to begin in November 2014, followed by the second trial in July 2015.

New warnings for the Actos label were mandated by the U.S. Food & Drug Administration (FDA) in June 2011, after a study found that long-term use of the drug increased the risk for bladder cancer.** Since then, a number of additional studies have confirmed the association between Actos and the disease. In May 2012, research published in the British Medical Journal concluded that taking Actos for two years can double the risk of developing bladder cancer. *** A second study published in the Canadian Medical Association Journal in July 2012 concluded that patients taking Actos face a 22 percent increased risk of developing bladder cancer.****

Actos users who developed bladder cancer may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. Learn more about filing an Actos lawsuit by visiting Bernstein Liebhard LLP’s website, For additional information, contact a lawyer at Bernstein Liebhard LLP today at (877) 779-1414.


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
(877) 779-1414

ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. The lawyer responsible for this advertisement in the State of Connecticut is Amy L. Abate. 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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