Judge Overturns $6.5M Award in First Actos Bladder Cancer Lawsuit
By Anne Bucher
On April 26, bladder cancer patient Jack Cooper was awarded $6.5 million in his drug injury lawsuit against Takeda Pharmaceuticals, the maker of Actos (pioglitazone). Less than a month later, a judge has overturned the verdict.
Cooper initially sued Takeda after developing bladder cancer from taking the type-2 diabetes drug Actos. Thousands of Actos bladder cancer lawsuits have been filed, but because Cooper’s cancer had metastasized, his case was expedited. Cooper’s case was the first of many Actos lawsuits to reach the trial stage. Cooper argued that Takeda had failed to adequately warn doctors and patients about the risk of developing Actos bladder cancer and continued marketing the product despite being aware of the health risk associated with Actos.
Cooper had taken Actos for approximately five years before receiving his bladder cancer diagnosis. After a trial that lasted nine weeks, the jury awarded Cooper and his wife a total of $6.5 million. During the trial, Takeda’s attorneys filed motions to prevent the jury from hearing expert testimony that supported Cooper’s claim that his bladder cancer was caused by Actos. The court granted this motion after the jury had already delivered the verdict. The judge found that the medical expert failed to establish that Actos was the cause of Cooper’s bladder cancer. Cooper’s attorney intends to appeal the court’s decision to overturn the verdict.
Actos Bladder Cancer Risks
Actos is a medication that is used to treat type-2 diabetes. It helps patients with diabetes by restoring the body’s appropriate response to insulin, helping to regulate blood sugar. Actos was approved by the U.S. Food & Drug Administration (FDA) in 1999. After receiving complaints from patients who were concerned that they suffered bladder cancer after taking the drug, the agency updated the label to warn that patients may experience an increased risk of Actos bladder cancer. Some studies have shown that patients who take Actos are twice as likely to develop bladder cancer after two years.
There are currently thousands of Actos lawsuits that have been consolidated in multidistrict litigation (MDL). The preliminary proceedings for these cases will be handled by Judge Rebecca F. Doherty in the U.S. District Court for the Western District of Louisiana. The plaintiffs in this MDL have alleged that Takeda concealed its knowledge about the increased risk of Actos bladder cancer and failed to warn doctors and patients about these serious health risks. Actos has denied any wrongdoing.
Learn about Your Legal Options
Thousands of plaintiffs who have suffered from Actos bladder cancer have filed lawsuits against Takeda, claiming that the company knew that Actos increased the risk of developing bladder cancer. The plaintiffs accuse Takeda of failing to warn doctors and patients about this increased risk. They are seeking compensation for their medical expenses, pain and suffering and other losses they experienced after taking Actos.
If you or someone you love has developed Actos bladder cancer, visit the Actos Bladder Cancer Class Action Lawsuit Investigation to learn about your legal rights. When you submit information about your injuries, an Actos lawyer will review your claim to determine whether you qualify to join a lawsuit.
Updated May 22nd 2013
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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