Actos Class Action Lawsuit
Thousands of Actos patients who have been injured by the prescription medication have joined large-scale mass torts. They are seeking financial compensation to pay for medical bills, lost wages and emotional distress.
In one of the first of these cases, an Actos patient received a $9 billion jury award. This case and others are part of a multidistrict litigation (MDL), which give injured patients more legal options and access to greater financial awards.
An MDL is a mass tort that allows a large number of plaintiffs to join for the purposes of some pretrial events, such as discovery. The cases are then heard separately before a judge and jury. A decision is rendered based on the facts of the one case and the plaintiff is the sole recipient of the award, less attorney’s fees. In a class action, plaintiffs with similar complaints or injuries band together to file a single lawsuit. Even if the jury award is high, the award amount must be split among the plaintiffs, or members of the class.
Diabetes Medication Linked to Bladder Cancer
Actos was released to the market in 1999. Within a few years, research showed that the drug was linked to a high risk of bladder cancer, especially for those taking it for longer than a year. Since then, Actos has been linked to congestive heart failure, heart attack, blindness and kidney problems.
In 2010, the U.S. Food and Drug Administration (FDA) began taking a closer look at the drug. The next year, the FDA put an amplified warning label on the drug. That same year, the drug was pulled off the shelves in Germany and France. Its use was also severely restricted in Canada.
Class Action vs. MDL
By 2011, injured patients turned to the court system for help. With the mounting lawsuits, an MDL was created in Louisiana. Unlike a class action, an MDL gives plaintiffs the strength that comes in numbers and the flexibility that comes in individual lawsuits. For an MDL, plaintiffs file individual lawsuits that outline their distinct medical problems that resulted from taking Actos. These lawsuits have been combined in several federal courts to allow the attorneys to work on pretrial motions and discovery as a group. Once that initial work is done, each case is heard separately before a judge and jury. This allows the cases to be decided based on the distinct circumstances. Any jury award goes to the individual plaintiff.
Learn More About Your Legal Rights
When it comes to Actos litigation, it’s easy to be confused. Not many people have heard of an MDL or know how it works. That’s where we step in. Our attorneys are well versed in all types of litigation, including MDLs, class actions and individual lawsuits. Contact us now for a free, no-obligation review of your Actos case. We can help you get the funds you need for your future.
Neel, Armon. “Is Actos Safe?” Retrieved from http://www.aarp.org/health/drugs-supplements/info-09-2012/actos-diabetes-dr…
Warner, Jennifer. “New Bladder Cancer Warning for Diabetes Drug Actos.” Retrieved from http://www.webmd.com/cancer/bladder-cancer/news/20110616/new-bladder-cancer…