Federal Actos Lawsuits Consolidated In The Western District of Louisiana
Bernstein Liebhard LLP reports that on December 29, 2011, the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) ordered that all Actos lawsuits pending in federal courts nationwide be consolidated and centralized in the U.S. District Court for the Western District of Louisiana and assigned to the Honorable Rebecca F. Doherty. The JPML ordered the formation of In re: Actos Products Liability Litigation (“MDL No. 2299”), which is a consolidation of all Actos lawsuits filed by individuals alleging that the type 2 diabetes drug caused them to develop bladder cancer. The JPML ruled that “centralization in the Western District of Louisiana will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” In reaching its decision to consolidate the Actos lawsuits, the JPML determined that there were common questions of fact to warrant the transfer of these actions to one federal district court for coordinated and consolidated pretrial proceedings. Specifically, the JPML order stated that “centralization will eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.” In addition to the 11 Actos lawsuits currently pending in federal courts nationwide, the JPML recognized that there are other potential tag-along actions that should be included in the newly consolidated Actos litigation.
Studies Linking Actos To Bladder Cancer
According to the JPML order, all of the federal Actos lawsuits were filed after the June 2011 determination by the U.S. Food and Drug Administration (“FDA”) that long-term Actos users are at an increased risk for developing bladder cancer. Actos is manufactured by Takeda Pharmaceutical Co., Asia’s largest drug maker. The plaintiffs filing Actos lawsuits claim that Takeda and co-defendant Eli Lilly & Co. withheld information about the risk of bladder cancer and failed to provide adequate warnings to consumers. Due to evidence confirming the link between Actos and bladder cancer, an Actos recall was issued in France and Germany. An Actos recall has not been issued in the United States.
In September 2010, the FDA initiated an investigation to determine whether long-term Actos use puts patients at an increased risk for developing bladder cancer. Since the Actos bladder cancer study was announced, the lawyers at Bernstein Liebhard LLP have been actively investigating and reviewing cases on behalf of individuals allegedly injured as a result of taking Actos.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past nine consecutive years. Only two firms in the country have been selected for the Hot List nine years in a row.
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