Actos is a Type 2 diabetes drug manufactured by Takeda, a Japanese manufacturer, and marketed by Eli Lilly. In 2010, more than two million patients used it. In 2011, the FDA issued a warning that Actos may increase the risk of bladder cancer if it is used for over a year. However, it remains available in the United States. In a study of 193,000 patients, those who took Actos for over a year experienced a 40% increase in the risk of suffering bladder cancer. If you experienced serious side effects after taking Actos or another defective drug, you should consult the product liability attorneys at Moll Law Group. We represent claimants nationwide, and billions of dollars have been recovered in cases in which we have been involved.
Thousands of Actos product liability and wrongful death lawsuits are pending in the U.S. In one lawsuit, the plaintiff alleged that the manufacturer purposely destroyed several hard drives related to Actos and bladder cancer that would have damaged the manufacturer. In the spring of 2015, the manufacturer and its subsidiary reached an agreement that is expected to resolve most pending litigation. The settlement was for $2.4 billion (one of the largest in U.S. history), and more than 97% of plaintiffs opted into it. Takeda did not admit liability in connection with the settlement.Establishing Responsibility for Harm Caused by Actos
Allegations against Takeda have included failure to warn, negligent misrepresentation, negligence, and fraudulent concealment. Plaintiffs have sought compensatory damages, including loss of consortium, as well as punitive damages.
A pharmaceutical manufacturer may be held strictly liable for injuries arising out of its failure to warn of a dangerous side effect. A plaintiff needs to prove that:
- The defendant is a manufacturer or otherwise in the chain of distribution;
- The drug carried a risk of serious medical complications that were knowable in light of the knowledge generally accepted by the scientific community at the time of the drug’s manufacturing, distribution, or sale;
- The risk of harm was a substantial danger when the product was used in a reasonably foreseeable way;
- Ordinary consumers would not recognize the potential risks;
- The defendant did not provide adequate warnings about the risks;
- The plaintiff suffered serious harm; and
- The lack of warnings was a substantial factor in causing the harm.
In most jurisdictions, a drug manufacturer is expected to warn doctors about potential side effects, since they are considered to be in the best position to assess whether a certain pharmaceutical is appropriate for a particular patient.
Most dangerous drug cases hinge on expert testimony. Among other things, in a failure to warn case, the expert will need to testify as to his or her opinions about causation. There must be sufficient scientific studies on the link between a pharmaceutical and an illness or injury for a plaintiff to prevail.Consult a Knowledgeable Attorney for Your Product Liability Claim
If you developed bladder cancer or another serious side effect due to the use of Actos, the product liability lawyers at Moll Law Group are available to help you pursue compensatory damages. These may include medical bills, lost income, out-of-pocket expenses, pain and suffering, and mental anguish. In some cases, it may be appropriate to bring a medical malpractice lawsuit against a doctor who was provided with adequate warnings. Our lawyers represent consumers around the nation, including in states such as California, Florida, New York, Missouri, Ohio, Texas, and Arizona. Call us at 312-462-1700 or contact us via our online form for a free consultation.