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Plaintiffs Await Hearing in Actos MDL

Actos-LabelThe Actos multidistrict litigation case combines the lawsuits of dozens of plaintiffs who claim to have experienced complications after taking the type II diabetes treatment medication. The lawsuit consolidation, which is filed against drug maker Takeda Pharmaceuticals, is taking place in the United States’ District Court for the Western District of Louisiana. The most recent order in this lawsuit was issued as a case management order on October 9, 2012, during which Judge Rebecca F. Doherty ordered that plaintiffs and defendants would share in the costs of discovery 50/50. However, there are no further significant updates.

Actos lawsuits continue to join litigation

100 Actos lawsuits were part of the original multidistrict consolidation, and at least 37 additional lawsuits have been added since then as more and more plaintiffs continue to claim that they experienced side effects, including bladder cancer, after taking the medication. Actos patients who have filed a lawsuit in the multidistrict litigation case are seeking compensation for the injuries they claim to have suffered and costs related to those injuries, including pain and suffering, medical bills, and psychological injury. Spouses of some of those plaintiffs affected by serious Actos side effects are suing Takeda for loss of consortium, as well.

The multidistrict litigation case consolidates dozens of lawsuits in an effort to make pretrial processes go more quickly, but it can also be beneficial to plaintiffs because in some cases, defendants will opt to settle early with the mass of plaintiffs involved in the litigation rather than having to fight numerous individual cases in courts across the country. Getting a quick settlement can be important for patients who have to deal immediately with medical bills and other costs.

Bellwether trials could set tone

Bellwether trials have not yet begun in this lawsuit consolidation, but the first few cases to go to trial often set the tone for other lawsuits in the same consolidated litigation. If these bellwether trials end in favor of the plaintiff, it is likely that Takeda will go ahead with Actos settlements in other cases to avoid losing numerous lawsuits.