Participation Threshold Reached for $2.4 Billion Actos Settlement

Parker Waichman LLP, a national law firm that is actively involved in the ongoing 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 recent updates involving the Actos litigation. Court documents indicate that over 98 percent of eligible plaintiffs have opted into the $2.4 billion settlement proposed by Actos manufacturer, Takeda Pharmaceutical. In April 2015, Takeda announced that it would pay $2.37 billion if 95 percent of eligible Actos claimants opted in and up to $2.4 billion if 97 percent or more agreed. 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. Court records reveal that the next status conference is scheduled for February 2016; the conferences scheduled for November 19, 2015; December 17, 2015; and January 2016 have been canceled.

The lawsuits allege that Takeda failed to warn about the risk of bladder cancer associated with the use of Actos. Court dockets indicate that there are over 3,500 Actos lawsuits consolidated before U.S. District Judge Rebecca Doherty in Lafayette, Louisiana. An additional 4,500 cases have been filed in state courts in Illinois, West Virginia, California, and Pennsylvania.

Parker Waichman has long been 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 the Type 2 diabetes drug, Actos.

An Actos lawsuit in Nevada was recently halted amidst tentative settlement discussions. The trial began on August 27, 2015 before Judge Jerry Wiese II and 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. The trial began on August 12, 2015 against 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. When the trial began, Judge Wiese informed 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.

Parker Waichman is especially delighted that those individuals who have been allegedly injured following their use of Actos are receiving resolution through the tentative settlement discussions and appeals process.

In July 2015, a California appeals court reinstated a $6.5 million Actos verdict. The lawsuit alleged that Actos was to blame for a man's terminal bladder cancer. The case is Nancy Cooper et al. v. Takeda Pharmaceuticals America Inc. et al., case number B250163, in the Court of Appeal of the State of California, Second Appellate District, Division Three. The original case was Cooper v. Takeda Pharmaceuticals America Inc., Case Number CGC-12-518535, Superior Court of the State of California, County of Los Angeles. The lawsuit was filed on behalf of the couple who alleged that Actos was to blame for the man's terminal bladder cancer. The case was heard prior to thousands of others brought over Actos due to the man's grave condition. Court documents indicate that, in April 2013, a verdict was issued against Takeda in this first Actos lawsuit to go to trial over allegations that Takeda failed to adequately inform about the link between Actos and bladder cancer. The jury awarded the plaintiffs $6.5 million€”$5 million to the man and $1.5 million to his wife pertaining to her loss of consortium.

The firm comments that Actos has come under increased scrutiny because it has been linked to bladder cancer. €œThe firm is pleased to see that not only are settlement activities moving forward, but that the Appeals Courts are issuing decisions that further support the plaintiffs allegations at trial€ said Matthew J. McCauley, Senior Litigation Counsel at Parker Waichman. €œThe compensation from this settlement will help cover medical expenses for many Actos users suffering from bladder cancer, allegedly due to their use of Actos.€

Parker Waichman continues to offer free legal consultations to victims who suffered bladder cancer after using the diabetes medication, Actos. If you were, or someone you know was, 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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