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Four More Actos Lawsuits Filed

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St. Louis, MODespite a recent Actos lawsuit in which Takeda Pharmaceuticals was found negligent in its labeling of Actos but wound up not having to pay, more lawsuits concerning Actos side effects have been filed. These lawsuits allege a link between Actos and bladder cancer, and allege Takeda, maker of Actos, failed to properly warn about the risks.

The most recent lawsuits, according to The Madison Record (11/5/13), were filed by four plaintiffs who allege their use of Actos resulted in bladder cancer. The plaintiffs all claim that when they took Actos they did not know that the risk of bladder cancer reportedly increased after taking the drug for more than 12 months. Among their injuries, they allege, are abdominal pain, pain during urination and bowel problems.

The lawsuits (13-L-536, 13-L_537, 13-L-538, and 13-L-539) seek approximately $1.75 million, plus fees and costs.

So far, lawsuits against Takeda have resulted in complex decisions. In the first lawsuit to go to trial, the jury found in favor of the plaintiff and awarded him $6.5 million. That award was vacated after Takeda filed a motion for judgment notwithstanding the verdict and the judge agreed with Takeda that the plaintiff had not proved that Actos caused his bladder cancer (Cooper v. Takeda Pharmaceuticals America Inc., CGC-12-518535, California Superior Court Los Angeles).

Then came the lawsuit of Diep An (An v. Nieberlein, Baltimore City Circuit Court No. 24C-12003565), who also alleged his use of Actos resulted in bladder cancer. In that case, a jury found Takeda Pharmaceuticals negligent for failing to warn about the potential for bladder cancer and awarded damages of $1.75 million. Unfortunately, the jury found that An’s smoking contributed to his death and because of that contributory negligence, An’s family was not able to recover any of the damages awarded.

Despite the contradictory findings, plaintiffs are still filing Actos lawsuits, alleging the drug harmed them. Lawsuits in various district courts have been consolidated for pretrial proceedings under MDL No. 2299. According to the website for MDL No. 2299, all plaintiffs allege that the defendants concealed their knowledge regarding the risk of bladder cancer associated with Actos and failed to warn patients and the medical community. Takeda has denied any wrongdoing.

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