Actos Bladder Cancer Lawsuit to Join Federal MDL
In an Actos bladder cancer lawsuit that was recently transferred to federal multidistrict litigation (MDL), the plaintiff claims that he never would have used the type II diabetes drug if he had known of the risk of Actos side effects. The plaintiff in this Actos lawsuit claims that the risks associated with medication are “redhibitory defects,” because the drug was not manufactured under industry standards and is unreasonably dangerous.
The Actos lawsuit was originally filed in U.S. District Court for the Middle District of Louisiana on March 9, 2012, by the plaintiff, Pearl Green. The case was transferred to the MDL in the Western District of Louisiana, Lafayette, on April 10, 2012. In the complaint, Green claims that she, like others who took the medication for 12 months or longer, are at heightened risk of Actos cancer. As a result, Green has been “permanently and severely injured,” and “may require ongoing care and treatment” as a result of her injuries.
Redhibition and Actos bladder cancer
The redhibition law cited in this Actos side effects lawsuit is exclusive to Louisiana, and is a form of the better known “lemon law” designed to protect buyers from unknowingly purchasing defective or dangerous products. Redhibition is a legal term that refers to the voiding of a sale due to hidden defects. The law applies to anything purchased in the state of Louisiana, including homes, cars – and prescription drugs.
In this particular Actos side effects lawsuit, the plaintiff claims that she was unaware of the risks of Actos cancer when she began taking the drug to treat her type II diabetes. The plaintiff alleges that the manufacturer of Actos, Takeda Pharmaceuticals, intentionally hid this information from consumers and the medical community when they actively and aggressively marketed their drug to the general public. Although the drug was suspended in some European countries due to the high risk of Actos side effects, it continues to be sold in the U.S. today.
Actos side effects fall into redhibition, Actos lawyer states
This Actos lawsuit claims that the prescription drug falls under the redhibition law because it “contains a vice or defect which renders it useless or its use so inconvenient that buyers would not have purchased it,” in this case, the heightened risk of Actos cancer.
As a result, the plaintiff claims she is entitled to restitution including the price of the product at the time of purchase, interest since the date of purchase, and reasonable expenses accrued as a result of the purchase.
In addition to the redhibition cause of action, the plaintiff in this Actos side effects lawsuit is also suing for breach of warranty, design defect, and inadequate warning. As a result of past and potential future injuries, medical expenses and lifestyle changes, the plaintiff is seeking damages in excess of $75,000.