Actos Class Action Lawsuit
An Actos class action lawsuit, like any class action, is a case brought on behalf of a large number of people against a common defendant who all share a common grievance. Currently, an Actos class action was filed and is pending in the Eastern District of Louisiana, the same jurisdiction as the current Actos multidistrict litigation. Nearly all plaintiffs who have filed an individual claim or joined the class action raise bladder cancer as their primary injury.
FDA warns of Actos bladder cancer
Actos was first approved for the treatment of type 2 diabetes in 1999, but in June 2011, the FDA released a public health communication stating that those taking Actos for more than a year had a 40 percent increased risk of Actos bladder cancer. “An increased risk of bladder cancer was observed among patients with the longest exposure to Actos,” the agency stated, “as well as in those exposed to the highest cumulative dose.”
About the same time, France issued an Actos recall, withdrawing the medication from the market due to studies that showed similar results as those used by the FDA.
Louisiana Actos class action lawsuit
According to a national law firm, a class action lawsuit was filed in September 16, 2011 of behalf of two plaintiffs who allegedly developed Actos bladder cancer. The lawsuit, filed in the Eastern District of Louisiana, claims manufacturer Takeda and Eli Lilly are liable for designing, manufacturing, and marketing a defective product. The class action reportedly seeks damages and compensation for individuals who have taken the drug and developed Actos bladder cancer since the product’s release in 1999.
An class action lawsuit allows those who could not otherwise take on a corporation like Takeda the opportunity to find justice for their injuries. Any compensation won in a class action is ultimately distributed among class members according to predetermined criteria.
Individual lawsuits prompt Actos multidistrict litigation
Currently, most Actos lawsuits have been filed by individuals. With so many bringing claims against the defendant, consolidation has been ordered on both the state and federal level in order to streamline the lengthy process of litigation.
In California, for example, state court judge Carl J. West ruled on January 4, 2012 that Actos lawsuits in that state be consolidated into one court in Los Angeles. This means all plaintiffs will share in the pre-trial processes, increasing efficiency and reducing the risk of conflicting rulings and redundant testimony. Each individual case will stand on its own for trial or settlement.
Similarly, on December 29, 2011, the U. S. Judicial Panel on Multidistrict Litigation ordered that federal lawsuits be consolidated into one Actos multidistrict litigation in the Western District of Louisiana. At the time of the order, eleven lawsuits pending in eight different districts across the country were joined, but over 100 more were tagged as potential tag-along cases.