June 14, 2012 – If Takeda Pharmaceuticals’ attorneys have their way, patients diagnosed with bladder cancer after using Actos will face a deadline for filing their lawsuit tomorrow, if the drug was prescribed or taken in a state with a one-year statute of limitations. June 15, 2012, marks exactly one year after the U.S. Food & Drug Administration (FDA) issued a warning about the possible link between Actos and bladder cancer. All federal Actos bladder cancer lawsuits have been consolidated for pretrial proceedings as part of a multidistrict litigation (MDL) in the U.S. District Court for the Western District of Louisiana.
Actos Bladder Cancer Lawsuit Update April 8, 2014: In the first U.S. trial of its kind, Takeda Pharmaceuticals and Eli Lilly were ordered to pay a total of $9 billion in punitive damages after a jury agreed that the companies failed to warn the public and medical communities about the bladder cancer risk associated with their controversial type 2 diabetes drug Actos (pioglitazone). The lawsuit claimed that Takeda and Lilly downplayed or ignored concerns about Actos’ link to bladder cancer, and mislead health authorities in order to protect profits. Click here to learn more.
Free Actos Lawsuit Evaluation: If you or a loved one has been injured by Actos, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of Actos and we can help.
What’s the problem?
Despite the fact no court has indicated that this week will mark the end of the Actos bladder cancer statute of limitations, many lawyers are planning to make sure their clients’ cases are filed by the proposed deadline. The statute would require that they file a complaint within one year from the date they knew – or should have known – that their diagnosis of bladder cancer may have been caused by Actos.
The specific statute of limitations in each case is dependent on the laws of the state that it is filed in, as well as the circumstances surrounding the complaint. While most states have a deadline of two to three years, a number of states have only a one year statute of limitations.
In September 2010, the FDA began reviewing the potential link between Actos and bladder cancer after the interim results from an ongoing decade-long study revealed an increased incidence of tumors among users of the medication. The preliminary results of the research suggested that the rate of exposure and increased risk of bladder cancer reached statistical significance after two years of use.
Last summer, the FDA issued a press release stating that it was requiring Takeda to update Actos warning labels to include information indicating that use of the medication for more than one year may increase the risk of bladder cancer. In future litigation, Takeda may argue that this updated verbiage should cause Actos users to be aware of the link between the drug and bladder cancer.
To date, hundreds of Actos lawsuits have been filed against Takeda in courthouses around the country, alleging that the company failed to adequately research their drug and warn the public about the risk of developing bladder cancer.
In recent weeks, the number of Actos bladder cancer lawsuits filed in the MDL has increased dramatically. However, the vast majority of these recent filings are not in response to the approaching statute of limitations, but rather due to new procedures put in place by the court which allow for the direct filing of claims in the MDL.
A determination of the actual statute of limitations is made on a case-by-case basis by attorneys investigating potential Actos bladder cancer lawsuits. Although a number of legitimate arguments may exist against Takeda’s proposed statute, many attorneys are treating June 15 as a possible deadline for filing cases from one-year discovery states.
Do I Have an Actos Lawsuit?
The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Actos lawsuits. We are handling individual litigation nationwide and currently accepting new side effects cases in all 50 states.
Free Actos Lawsuit Evaluation: If you or a loved one has been injured by Actos, you should contact our law firm immediately. You may be entitled to compensation by filing an Actos injury suit and we can help.