Type 2 diabetes affects the lives of millions of Americans. A person with the condition will battle it his or her entire life. Although there is no cure, the condition is treatable with medication, and one of the most popular drugs on the market for type 2 diabetics is Actos.
If you took Actos as part of your treatment for type 2 diabetes, you may have experienced serious side effects. The Knoxville Actos lawsuit lawyers at the Law Offices of Ogle, Elrod & Baril, PLLC can determine if you have a case. Call us today at 865-546-1111 for a free evaluation so you can recover the damages you deserve.
What are the side effects of Actos?
Actos is a prescription pill that, when used in conjunction with diet and exercise, helps regulate blood sugar levels in diabetics. Unfortunately, studies have shown that taking Actos may expose patients to an increased risk of bladder cancer. The drug’s manufacturer, Takeda Pharmaceuticals, did not adequately inform users of this danger when it initially marketed the product.
In 2011, the U.S. Food and Drug Administration (FDA) conducted a review of data collected between 1997 and 2008 and issued an updated warning for anyone using or prescribing pioglitazone, the active ingredient in Actos. The analysis found that taking the drug heightens a patient’s risk of developing bladder cancer by as much as 40% percent if they use it for a prolonged period or at a high dosage. A 2016 study published in the British Medical Journal confirmed the increased risk.
Another study conducted in France found an elevated risk of bladder cancer for people using the drug in any quantity and for any length of time, according to the European Medicines Agency. This led France and Germany to ban pioglitazone entirely.
While the FDA did not go that far, it did advise patients already receiving treatment for bladder cancer to avoid using Actos and other drugs with the same active ingredient. It also instructed doctors to exercise caution when prescribing Actos to patients with histories of bladder cancer.
If you experienced serious side effects after taking Actos, consult your doctor immediately. Inform him or her of the symptoms you experienced, making sure they thoroughly document your side effects in your medical records. Our attorneys can use these medical records from your doctor as part of your case if you decide to sue for compensation for your injuries.
Have Actos patients sued the manufacturer?
Patients have successfully sued Takeda, Actos’ drug manufacturer. In 2014, a federal judge in Louisiana ordered Takeda and its affiliated company, Eli Lilly, to pay a combined $9 billion in punitive damages, although the judge later reduced the damages.
As of 2015, there were about 9,000 claims pending against Takeda from patients who have contracted bladder cancer after taking the drug. Plaintiffs alleged Takeda had concealed the dangers of Actos and destroyed evidence. Without admitting liability, the company agreed to pay plaintiffs a total of at least $2.4 billion, making it one of the largest pharmaceutical settlements ever.
It is rare for a drug to remain on the market after a company agrees to pay such a large settlement. In some cases, a drug gains such popularity that the manufacturer may opt to pay a settlement so they can continue to make a profit off of the medication.
Can I join an Actos class action suit?
Most collective cases against drug manufacturers do not receive class action status. Usually, a judicial panel will place a large number of cases into a mass tort action called Multidistrict Litigation (MDL). The goal is to make the pre-trial proceedings more efficient by moving plaintiffs with similar cases through the court. The 2014 Louisiana case is an example of this.
This category is for cases in multiple court districts that have enough facts in common to proceed collectively, but do not have a single plaintiff as a representative. Also, members of an MDL will not all receive the same fraction of a settlement, as is the case with class actions. Class action cases typically apply to companies that have harmed a population in a specific geographic area, whereas MDLs can group together cases from different states or geographical areas.
For more information on Actos mass torts, contact our office today.
Do I have a case?
If you have bladder cancer and have used Actos for at least two years, you might be able to receive compensation to cover damages such as:
- Medical bills;
- Lost wages;
- Pain and suffering;
- Wrongful death, if a spouse died of bladder cancer after taking the drug; and
- Punitive damages.
Lawsuits against companies who make and market dangerous drugs fall under product liability law. In order to win damages, we need to prove the product was defective in its design, manufacture, or warning. We also must demonstrate that the defect caused your injury. In an Actos case, that means proving the drug caused your bladder cancer.
There is precedent for rulings against Takeda, but just because the company settled in the federal case does not mean you will win a settlement. State courts have dismissed many Actos lawsuits for a variety of reasons and pharmaceutical manufacturers have vast resources at their disposal to defend themselves against lawsuits.
That is why it is essential to contact one of our Actos lawsuit lawyers today. We can review your history and medical records to determine if you have a case against the drug manufacturer. If so, we can proceed with a suit and fight to get you compensation.
Do I need an attorney?
Drug companies have a legal and moral obligation to adequately warn consumers about the risks their products pose. But with so much money at stake, it is hardly surprising that these corporations downplay these dangers and even willfully deceive the public. If you have bladder cancer as a result of taking Actos to help you manage your type 2 diabetes, you may be able to win compensation for your suffering.
Consult the attorneys at the Law Offices of Ogle, Elrod & Baril, PLLC as soon as possible for help with your case. Our lawyers have experience in faulty drug liability lawsuits and in fighting for the victims of drug company misconduct. Call 865-546-1111 for a free consultation so you can get the help you need.