Actos Bladder Cancer Appeal
Written by Faith Anderson on July 20, 2015
$6.5 Million Verdict Delivered in First Actos Bladder Cancer Suit Reinstated on Appeal
A California appeals court has reinstated a $6.5 million verdict returned by the first jury to hear evidence in a lawsuit filed over bladder cancer injuries from Actos (pioglitazone), a prescription diabetes drug that has been linked to an alleged increased risk of bladder cancer injuries in users. The original Actos bladder cancer verdict was overturned by the trial judge following post-trial motions, and included $5 million in compensatory damages for the plaintiff and $1.5 million in damages for his wife. If you believe you have been adversely affected by bladder cancer side effects of Actos, contact a reputable Actos attorney today to discuss the possibility of filing a product liability claim against Takeda Pharmaceuticals.
Lawsuits Filed Over Actos Bladder Cancer
Actos is a prescription medication designed to be used in combination with diet and exercise to help control blood sugar levels in adults with Type 2 diabetes. Approved by the FDA in 1999, Actos generated billions of dollars in sales for Takeda Pharmaceuticals during its time on the market, and was the manufacturing company’s blockbuster diabetes drug. However, the FDA warned several years ago that diabetes patients who use Actos for longer than one year may be at risk for a number of severe medical complications, including kidney disease, congestive heart failure and potentially life-threatening bladder cancer.
The Actos bladder cancer verdict in question was delivered in a lawsuit filed by Jack Cooper, and marked the first of more than 4,000 Actos complaints to reach a jury involving allegations that Takeda Pharmaceuticals manufactured a defective diabetes drug that put patients at risk for bladder cancer. According to the product liability complaint, Jack Cooper was diagnosed with bladder cancer in November 2011, after he used Actos for more than two years, which the FDA warned earlier that same year, may be associated with an increased risk of bladder cancer side effects. The FDA also ordered Takeda to update its Actos warning label that year, to include information about the increased risk of bladder cancer in diabetes patients who use the drug for longer than one year.
FDA Warning for Actos Users
The FDA’s Actos bladder cancer warning was based on the agency’s review of data from a planned five-year interim analysis of an ongoing, ten-year epidemiological study, which “showed that although there was no overall increased risk of bladder cancer with pioglitazone use, an increased risk of bladder cancer was noted among patients with the longest exposure to pioglitazone, and in those exposed to the highest cumulative dose of pioglitazone.” The FDA also highlighted in its warning an epidemiological study conducted in France, which suggested an increased risk of bladder cancer from Actos, and resulted in the country suspending the use of Actos in diabetes patients.
Jack Cooper’s Actos bladder cancer case was given an expedited trial date in California state court, due to his grave medical condition, and following more than two months of trial, the jury determined that Takeda failed to provide consumers and the medical community with adequate warnings about the risk of bladder cancer from Actos, awarding $5 million in damages to Jack and $1.5 million to his wife, Nancy. However, following post-trial motions, the trial judge excluded expert witness testimony given on behalf of Jack Cooper, and the original jury verdict was overturned. Several years after the verdict was returned in Cooper’s trial, Takeda Pharmaceuticals agreed to pay $2.4 billion in Actos settlements to resolve bladder cancer claims filed by thousands of former Actos users across the country.
Actos Judgement Reversed by Appellate Court
In a ruling delivered on July 15, 2015, the trial judge’s decision was overturned, and the original verdict in Cooper’s case was reinstated. “By requiring that the expert rule out all other possible causes for Jack Cooper’s bladder cancer, even where there was no substantial evidence that other such causes might be relevant, the court exceeded the proper boundaries of its gatekeeping functions in determining the admissibility of the complex scientific testimony,” the appellate court stated in its ruling. “Accordingly, we reverse the judgment notwithstanding the verdict and order granting a new trial, as well as the subsequent judgment entered in favor of Takeda, and remand the matter to the trial court with directions to enter a new judgement based on the jury’s verdict.”
A Knowledgeable Actos Attorney Can Help
Jack Cooper’s product liability complaint is just one of thousands of lawsuits that have been brought against Takeda Pharmaceuticals in recent years, on behalf of Actos users who have been diagnosed with bladder cancer after taking the Type 2 diabetes drug for a year or longer. If you used Actos in the past to treat Type 2 diabetes, and you have since been diagnosed with a serious medical condition like bladder cancer, consult an experienced Actos lawyer today for legal help. You may have grounds to file an Actos bladder cancer lawsuit against Takeda Pharmaceuticals, in order to pursue the financial compensation you deserve for your injuries, medical expenses, and pain and suffering.