New Actos Bladder Cancer Lawsuit Filed by 12 Plaintiffs in Los Angeles
By Andrea Gressman
The number of Actos lawsuits expanded again this month when 12 additional Plaintiffs filed for damages in a Los Angeles court. The filing echoes previously filed cases citing the link between Actos and bladder cancer that are pending in Actos multidistrict litigation in federal court. However, there has been no mention of transferring the new Actos bladder cancer lawsuit from the Los Angeles Superior Court to the Actos MDL.
The most recent Actos lawsuit involves 12 Plaintiffs from the Los Angeles area. Each of the Plaintiffs was prescribed Actos to treat their Type II diabetes. As a result of that prescription and the lack of appropriate risk warnings from Takeda Pharmaceuticals and Eli Lilly, they suffered a diagnosis of bladder cancer and subsequently experienced multiple health complications.
In their lawsuit, the Plaintiffs cite physical and mental injuries caused by their experiences with Actos. Lawsuit damages sought include financial compensation for their bladder cancer diagnosis and subsequent complications, consciously inflicted pain and suffering, mental anguish, and diminished quality of life.
The Actos lawsuit has been assigned case number BC-490188. The named defendants are Takeda Pharmaceuticals and its U.S. marketing partner Eli Lilly. Case documents were filed with the Los Angeles Superior Court on August 14, 2012. Hearing dates have not yet been set, and it is possible that the case may yet be rolled into the current Actos MDL proceedings.
Actos MDL vs. Actos Class Action Lawsuit
Nearly 800 Actos bladder cancer lawsuits have been filed that now make up the Actos MDL. An MDL is often confused for a class action lawsuit, but it has some key differences.
In an MDL, there is no single trial that resolves all of the cases. All of the Actos lawsuits are consolidated under one federal judge and discovery is shared among Plaintiffs to streamline the pre-litigation process, but each lawsuit is tried on a case-by-case basis. This means that each Plaintiff is awarded their own settlement based on his or her individual circumstances. Each Plaintiff also retains his or her own attorney. A class action lawsuit, on the other hand, has a single trial and a class action lawsuit settlement is equally shared among all Class Members. An experienced Actos attorney can advise victims which course of legal action is their best option for pursuing compensation.
Actos is a diabetes medication produced by Takeda Pharmaceuticals, a Japanese firm. It was approved for use by the Food and Drug Administration in 1999. In the United States, Takeda Pharmaceuticals partnered with Eli Lilly to market the drug across America. As a result, Actos became popular for the treatment of Type II diabetes.
Over time, individuals who had been prescribed Actos began coming back to hospitals complaining of bladder problems. Many were discovered to have bladder cancer, and it was suspected that Actos had contributed to the high rate of incidence of bladder cancer in diabetes suffers. With more research, the FDA and international health agencies connected use of the drug with a 40 percent greater chance of a developing bladder cancer.
Patients who took Actos for more than 12 months were especially at risk. As they reported a sharp increase in their rates of bladder cancer, anger rose against Actos distributors. Patients felt that they had not been sufficiently warned of the risks of contracting bladder cancer as a side effect of their diabetes treatment. In fact, many patients allege that Takeda Pharmaceuticals and Eli Lilly were well aware of the potential for bladder cancer and deliberately concealed this knowledge in order to continue marketing Actos to patients across the United States.
If you or someone you know was prescribed Actos for the treatment of Type II diabetes and later received a diagnosis of bladder cancer, don’t stay silent. Contact an Actos lawsuit attorney today to learn your rights as a patient. Visit the Actos Bladder Cancer Class Action Lawsuit Investigation to receive a free review of your claims from a qualified Actos lawyer.
Updated August 29th, 2012
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