Takeda™s Potential Actos Deal Pauses Nevada Lawsuit, Parker Waichman Comments

Parker Waichman LLP, a national law firm that is actively involved in Actos (pioglitazone) litigation, and which has long been dedicated to protecting the rights of victims injured by defective drugs and medical devices, is commenting on the sudden halt of an ongoing Actos lawsuit mid-trial in Nevada. More than one month of arguments and testimony had been heard when the announcement was made yesterday.

The halted Actos trial began on August 27, 2015 before Judge Jerry Wiese II. The case is in the Supreme Court of the State of Nevada, No. 68598, district court number A-13-683446-C, Department No. 30, consolidated with Case No. A-14-697468-C, filed August 12, 2015, Takeda Pharmaceuticals America, Inc.; Takeda Pharmaceuticals North America, Inc.; Takeda Pharmaceuticals Company Limited; and Dustin Hindmarch, Does I through X, and Roes 1, through X, petitioners, v. the Eighth Judicial District Court of the State of Nevada, in and for the County of Clark; and The Honorable Jerry A. Wiese II, District Judge, respondents, and George F. Decou, individually; Joann Passer as special administratrix of the estate of Maurice J. Iorio; and Mary Iorio, individually and as surviving spouse of Maurice J. Iorio, deceased, real parties in interest. The federal multidistrict litigation (MDL) is In re: Actos (Pioglitazone) Products Liability Litigation, case number 6:11-md-02299, in the U.S. District Court for the Western District of Louisiana.

Parker Waichman remains actively involved in the MDL. Jerrold S. Parker, founding partner of the firm, has maintained a leadership role throughout the litigation by serving on the Plaintiff's Steering Committee. Parker Waichman has also filed numerous lawsuits on behalf of individuals who developed bladder cancer, allegedly due to their use of Actos.

At the start of the trial, Judge Wiese advised the jury that Takeda intentionally destroyed documents related to Actos cases, noting that the jury could presume that the destroyed documents would have contributed to the two plaintiffs' case. Similar instructions were given to a 2014 jury who heard another Actos bladder cancer trial. Plaintiffs' counsel pointed out that evidence was intentionally destroyed and that the hard drives of eight of Takeda's executives were compromised even after being instructed to preserve this specific evidence. Jurors were also told during the August 27, 2015 opening arguments that drug maker, Upjohn Co., passed on Actos in 1993 over safety concerns; records concerning that decision were destroyed.

€œThe firm applauds the Nevada plaintiffs decision to pursue justice for injuries, and death, allegedly associated with Actos,€ said Matthew McCauley, Senior Litigator at Parker Waichman. €œPlaintiffs' opening remarks and Judge Weise's preliminary statements send a strong message concerning Takeda's handling of critical information and that manufacturers must be held responsible for failing to warn about the risks associated with their medications.€

It was believed that counsel for the plaintiffs would seek $2 billion in damages to George Decou and the estate of Maurice J. Iorio. Mr. Decou was diagnosed with bladder cancer, which he alleges is due to his having taken Actos. Mr. Iorio, also diagnosed with bladder cancer, died from the disease on November 25, 2013; his widow is demanding Takeda take accountability for her loss.

Actos is typically prescribed, along with diet and exercise, to individuals diagnosed with Type 2 diabetes and is intended to stabilize the unusually high blood sugar levels associated with the disease. Mounting patients prescribed Actos allege that the drug led to their bladder cancer. Bladder cancer is a particularly aggressive cancer with a high rate of recurrence, even after years of remission. Treatment, as with most cancers, involves chemotherapy and radiation therapy, as well as surgery and other medications. Plaintiffs involved in the Las Vegas Actos trial claim that Takeda knew of Actos' alleged risks but did not appropriately advise patients, physicians, and others in the healthcare community.

More than 97 percent of eligible claimants have opted in to Takeda's $2.4 billion settlement program, Takeda representatives advised [Law360](http://www.law360.com/productliability/articles/712763?nl_pk=ded797ab-ef22-44d9-8acd-a78925ab2912&utm_source=newsletter&utm_medium=email&utm_campaign=productliability). This deal is meant to resolve the majority of the outstanding lawsuits brought over Actos, including nine cases that were tried and are in appeals.۬A Takeda spokeswoman wrote in a statement that the settlement is not an admission of fault, adding that, "We believe that the claims made in this litigation are without merit, and we do not admit liability."

Parker Waichman continues to offer free legal consultations to victims who suffered bladder cancer after using the diabetes medication, Actos. If you or a loved one were diagnosed with bladder cancer following Actos treatment, please [visit the firm's Actos Injury page](http://www.yourlawyer.com/topics/overview/actos) or, for a free case evaluation, call 1-800-LAW-INFO (1-800-529-4636).

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