Robert J. Boumis  |  September 15, 2014

Category: Legal News

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Actos Pills and BoxThree plaintiffs have filed Actos bladder cancer lawsuits, joining the overarching legal action against Takeda Pharmaceuticals, a type of group litigation called a multidistrict litigation (MDL) or mass tort.

Actos is a drug designed to help control type-2 diabetes. In type-2 diabetes, the body begins to have trouble controlling the amount of glucose (sugar) in the blood. In diabetics, blood sugar can reach toxic levels, causing tissue damage throughout the body.

However, the Actos lawsuits filed by plaintiffs Eric Rose, Robert Ellis and Michael Mongelli in the Louisiana federal court against Takeda Pharmaceuticals have alleged that the drug can radically increase the risk of bladder cancer.

Actos bladder cancer lawsuits allege that the drug is dangerous and that drug manufacturer Takeda Pharmaceuticals was aware — or reasonably should have been aware — of the risk of bladder cancer linked to the drug.

These Actos cancer lawsuits have alleged that epidemiological studies have found strong evidence that taking Actos increases a person’s risk of developing bladder cancer. Additionally, Actos bladder cancer lawsuits allege that the earliest animal trials of the drug suggested that it can cause bladder cancer in mammals.

These Actos bladder cancer lawsuits further allege that not only were the drug makers aware of these risks, but that they actively downplayed the Actos side effects, continuing to market Actos and bring in millions of dollars in profits up until several countries banned and recalled the drug.

The Actos bladder cancer lawsuits have taken the form of a multidistrict litigation or MDL. MDLs are a sort of coordinated group of similar lawsuits where a group of plaintiffs allege that they have suffered similar harm at the hands of the same defendant.

MDLs have some commonalities with class action lawsuits, but MDLs are more common in drug lawsuits than class action lawsuits. In drug lawsuits, like Actos bladder cancer lawsuits, plaintiffs are typically have injuries that vary in their severity. This makes a class action lawsuit unrealistic since there isn’t a one-size-fits-all injury.

Once an MDL is underway, it can be easier for plaintiffs to file their lawsuits, using existing cases as templates. In some MDLs, only a short form is required to join. The Actos bladder cancer lawsuit described here was filed jointly by three people and asks to join the existing Actos bladder cancer MDL.

The Actos Lawsuit is Eric Rose, et al. v. Takeda California Inc., et al., Case No. 14-2512, within the larger Actos MDL In Re: In re Actos (Pioglitazone) Products Liability Litigation, MDL No. 2299, in the U.S. District Court for the Western District of Louisiana.

In general, Actos bladder cancer lawsuits are filed individually by each plaintiff and are not class actions.

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