Actos class action lawsuit against Takeda, Lilly will be tried separately from Louisiana MDL

Posted
by Jim Orr

A proposed class action regarding the drug Actos will be part of a larger multidistrict litigation (MDL) taking place in Louisiana but will be tried separately. U.S. District Judge Rebecca Doherty issued the order for a separate trial last month.

Like the numerous individual lawsuits already pending as part of the Actos MDL, the class action lawsuit is based on allegations of undisclosed bladder cancer risks. The class action lawsuit, filed by the Painters and Allied Trades District Council 82 Health Care Fund and others, alleges that Japanese corporation Takeda, along with their U.S. partner Eli Lilly, failed to disclose the bladder cancer risks associated with their diabetes medication Actos.

The class action lawsuit is seeking to represent numerous consumers and entities in the United States who purchased or paid costs for Actos since 1999, when the drug was approved. The class action accuses Takeda of wrongfully reaping billions in profits because it withheld information and made deliberately misleading statements about the risk of Actos bladder cancer.

A class action lawsuit is pursued by one or more persons on behalf of everyone in a larger class, who share similar circumstances, injuries and damages. Generally speaking, the plaintiff must show that the issues and evidence against the defendants are similar for everyone in the class and that individual lawsuits would not be an efficient way to resolve the dispute. On the other hand, a multi-district litigation (MDL) is basically a group of separate lawsuits that have been brought together for limited purposes, primarily to avoid unnecessary duplication of work that will be necessary for all of the cases.

A federal MDL was created for of Actos bladder cancer cases. The cases will share a pre-trial discovery process but will be heard individually, with potentially different results. In contrast, all parties in a class action lawsuit are subject to a common decision.

The first “bellwether” trial in the Actos MDL took place earlier this year. The trial resulted in a record-breaking $9 billion in punitive damages award by the jury. The jury also awarded $1.5 million in compensatory damages awarded to the plaintiff, Terrance Allen.

The defendants’ request to have the judge set aside the large punitive damages award has been denied. The judge has ruled the jury “acted within its role and discretion” in considering and weighing evidence showing officials of Takeda and Lilly knew Actos was linked to bladder cancer and failed to properly warn patients and doctors.

Heygood, Orr & Pearson is pursuing Actos lawsuits

Heygood, Orr & Pearson is using its extensive experience litigating defective pharmaceutical and medical device lawsuits in pursuing Actos cases on behalf of clients. Our firm is and will be involved closely with the Actos MDL and other Actos bladder cancer litigation matters.

Heygood, Orr & Pearson has fought for years to ensure that drug and medical device companies who engage in reckless conduct are held responsible for their actions. From pharmaceutical liability cases involving the fentanyl pain patch or defective drugs such as Yaz and Yasmin, Actos, Avandia, and Pradaxa to lawsuits filed against the makers of defective hip and knee replacements and other medical devices, our law firm has made it a career priority to ensure that the makers of these dangerous products are held responsible.

To successfully bring a claim against big and well-funded drug companies, clients need an experienced, educated attorney on their side. They also need an attorney with the financial resources to take the case to trial. At Heygood, Orr & Pearson, we have tried hundreds of cases to verdict and have settled hundreds more.

Over the last few years, we have collected more than $200 million for our clients in lawsuits relating to defective pharmaceutical products. We possess the financial resources to handle personal cases from start to finish. There are many instances in which we invested hundreds of thousands of dollars in a case in order to take it to trial. Heygood, Orr & Pearson is committed to achieving justice for our clients, whatever the cost.

To receive a free legal consultation and find out if you are eligible to file a case, please call our toll-free number at 1-877-446-9001, or fill out our free case evaluation form located on this website.