San Diego, CA (PRWEB) May 25, 2013
Resource4thePeople is updating consumers today with news of a judge's overturning of a jury's award of $6.5 million in damages to a California man in the first trial* in the country over allegations that the diabetes drug Actos can cause bladder cancer, according to court files.
The judge in the case ruled that the man's lawyers didn’t produce sufficient evidence to show his cancer was caused by the medication.**
Bloomberg News in a May 1, 2013 article** reported that the man's lawyer said the judge has misinterpreted the law in his decision and promised to appeal the dismissal.
The jury in the Los Angeles Superior Court trial deliberated for more than five days before returning its verdict in favor of Jack Cooper, a 79-year-old man who treated his diabetes with Actos for more than four years before being diagnosed with bladder cancer in 2011, according to testimony presented by his attorneys at the trial.*
"As with many trials this case eventually will be decided in the appellate courts and while it is thousands of other cases involving similar allegations will continue to proceed through our courts," said Resource4thePeople.
"This verdict has stimulated a large number of inquiries from consumers inquiring about their legal rights to compensation over similar allegations and we are announcing that our national network of lawyers will continue to accept alleged Actos bladder cancer cases."
Bloomberg News in its report said the case was the first of more than 3,000 pending cases to advance to trial status against Actos and its manufacturer, Takeda Pharmaceuticals.
"Former Actos users contend in court filings Takeda researchers ignored or downplayed concerns about the drug’s cancer-causing potential before it went on sale in the U.S. in 1999, and misled U.S. regulators about the medicine’s risks," Bloomberg reported.
Resource4thePeople said that Actos patients are also inquiring about whether they are still eligible to file a lawsuit even though the first trial in the litigation has ended.
“The answer is yes, and those who wish to obtain a consultation with an experienced Actos bladder cancer lawyer for an evaluation of what compensation and legal options may be available to them should use the following link,” said Resource4thePeople.
Cooper’s suit was among those gathered before Judge Kenneth Freeman in Los Angeles. Other cases are in federal court in Louisiana.****
Bloomberg also reported in an article April 15, 2013*** that Cooper’s lawyer told jurors that "While Takeda’s internal Actos studies uncovered links to bladder cancer as early as 2004, the company didn’t alert U.S. regulators until seven years later,"
The lawyers showed jurors internal Takeda email messages in which executives urged colleagues to persuade the U.S. Food and Drug Administration not to demand increased warnings about bladder cancer on Actos’ label out of fear that sales would drop, according to the Bloomberg report.
The Los Angeles trial is one component of the Actos bladder cancer litigation. As this case proceeds other federal court cases that have been consolidated into a federal multi-district litigation are still pending.****
Multi-district litigations are designated by a special federal panel that chooses a single judge to oversee pre-trial evidence-gathering and other legal activities before deciding whether to grant such cases class-action status.
That judge, U.S. District Judge Rebecca Doherty, has scheduled the first bellwether trial in that litigation to be held in November. Bellwether trials are scheduled to allow attorneys for the plaintiffs and defendants to test the strength of their cases.
Concerns about Actos were raised by the U.S. Food and Drug Administration on June 15, 2011 after the agency staff reviewed a Takeda-sponsored study which documented an increased risk of developing bladder cancer with Actos than other diabetes drugs.*****
Here is part of the safety announcement:
“The U.S. Food and Drug Administration (FDA) is informing the public that use of the diabetes medication Actos (pioglitazone) for more than one year may be associated with an increased risk of bladder cancer. Information about this risk will be added to the Warnings and Precautions section of the label for pioglitazone-containing medicines. The patient Medication Guide for these medicines will also be revised to include information on the risk of bladder cancer.”
“Consumers and diabetes patients should also be aware of the fact that in this health warning the FDA noted that Actos has been pulled from the pharmacy shelves in France and Germany but has not been recalled in the United States,” said Resource4thePeople.
Another important finding from medical research, according to Resource4thePeople, comes from the findings of a study published in the October, 2011 Diabetic Medicine, which also links the use of Actos (pioglitazone) to increased risk of bladder cancer.******
The findings were based on independent research and data from six other studies that included information taken from more than 215,000 diabetes patients.
*Cooper v. Takeda Pharmaceuticals America, Inc., CGC-12-518535, California Superior Court (Los Angeles)
**** In Re: Actos (Pioglitazone) Products Liability Litigation, MDL2299 U.S. District Court, Western District of Louisiana