A Los Angeles Superior Court judge has set aside an April verdict that awarded $6.5 million to an Actos lawsuit plaintiff after finding that his expert witness failed to prove the diabetes drug specifically caused his bladder cancer, reports Thomson-Reuters.com.

According an article published May 3rd, the judge cited unreliable testimony from the medical expert who testified on behalf of the 79-year old man currently suffering from terminal bladder cancer, who also has a history of smoking. This was the first trial for an Actos lawsuit in the U.S. 

The defendant in this case, Japanese drugmaker Takeda Pharmaceuticals, filed a motion to nullify the verdict originally reached April 26, arguing that the testimony of the plaintiff’s medical expert was unreliable. He did not review all of his medical records and did not interview or examine him, argued Actos lawyers for Takeda.

Actos Attorneys for Takeda File Motion to Nullify Verdict

In citing the reasons for his decision to set aside the verdict, the judge stated, “It is evident to the Court that the manner in which Dr. Smith conducted his differential diagnosis is based on speculation, is not reliable, not done with intellectual rigor expected of an expert, and is therefore inadmissible under prevailing California law.”

Takeda’s Actos lawyers also pointed out that the plaintiff’s witness could not recall what he did for a living in a deposition filed with the Court, which might mean the plaintiff could have been exposed to elements in the workplace that may have caused his bladder cancer. Upon throwing out the verdict to award $5 million to the plaintiff and another $1.5 million to his wife in compensatory damages, the judge declared this case a non-suit.

The plaintiff’s attorneys have announced their plans to appeal the judge’s ruling to the California court of appeals, and maintained that this lawsuit will serve as a positive bellwether for other cases filed over the diabetes drug, which has been linked to cancer.

“Even when the case is not a strong case for the plaintiff, even when the plaintiff’s expert may not be the best, he still prevailed against all odds,” one of the plaintiff’s lawyers said.

Approximately 200 Actos lawsuits are pending in California state court, 1,500 in Illinois state court, and an additional 1,200 have been filed in a multidistrict litigation in the U.S. District Court for the Western District of Louisiana.

How to File an Actos Lawsuit

If you experienced bladder cancer or another complication after taking the diabetes drug, Actos, you may be eligible to file a claim against the manufacturer. Contact an attorney at Bernstein Liebhard LLP to find out more about Actos lawsuits by calling (877) 779-1414.

Published May 7, 2013 by