by Marilyn T. McGoldrick, Esq.
Takeda Pharmaceuticals executives have reportedly offered more than $2.3 billion dollars to resolve the more than 8,000 lawsuits alleging that it hid the bladder cancer risks of its popular diabetes drug Actos. The settlement must still be approved, but reportedly the details of the settlement are final. If you or a loved one developed bladder cancer after taking Actos for diabetes, call the Actos lawyers at Thornton Law Firm at 888-341-1405 or tell us your story here for a free consultation.
Actos (piaglitazone) is prescribed for patients for Type 2 diabetes to regulate blood glucose. It has been on the market since 1999 and has accounted for billions of dollars in sales for Takeda and Eli Lilly, its U.S. marketing partner. Sales of Actos peaked at $4.5 billion dollars in 2011 and constituted 27% of Takeda’s revenue.
More than 3500 lawsuits are pending in federal court in Louisiana, and 4500 are pending in other state courts. In the lawsuits, Takeda is accused of covering up its own data showing that Actos raises the risk of bladder cancer in patients. The FDA required a bladder cancer warning to be added to the label for Actos in March 2011 after analyzing the scientific data. However, documents produced by Takeda in the Actos litigation revealed Takeda knew of that link as early as 2004 and took measures to conceal the information from doctors and patients.
Takeda stands accused of destroying documents it was ordered to produce by the federal court. Last summer Federal Court Judge Rebecca Doherty ruled that Takeda had deliberately destroyed the files of 46 corporate representatives whose documents would have helped plaintiffs prove that Actos caused bladder cancer and that Takeda had engaged in a deliberate attempt to cover up that fact.
In April of last year, a federal jury in Louisiana awarded a man who developed bladder cancer after taking Actos $9 billion dollars in punitive damages against Takeda. Although the award was later reduced on appeal to $36.8 million dollars, certainly the risk of such large jury awards has led to this reported settlement. In total, 9 trials have gone to verdict alleging Actos caused bladder cancer, and the plaintiff prevailed in 5 of those cases.
Reports indicate the settlement will amount to more than $287,000 per claim. Actos users whose cases warrant greater compensation can opt out and continue to litigate in court. According to Bloomberg Business, an individual’s final settlement may be reduced by certain factors, including age, smoking history and exposure to toxins. The settlement reportedly allows Takeda to walk away from the agreement if less than a certain percentage plaintiffs of agree to participate.
If you believe you or someone you love developed bladder cancer after taking Actos for diabetes, call the Actos lawyers at Thornton Law Firm on our toll free number 888-341-1405 or tell us your story online for a free, confidential evaluation of your legal claim. All legal claims have strict time limits so do not delay seeking legal advice.
A global settlement valued at over $1 billion dollars with the manufacturer of the Stryker Rejuvenate and ABG II hip implants, Homedica Osteonics Corp. (also known as Stryker Orthopaedics), has been announced after a hearing today before the judge overseeing the Stryker MultiDistrict Litigation. Patients who underwent a revision surgery on or before November 3, 2014 may be eligible for an award under the settlement.
The Stryker hip systems were unique in that they involved a neck and stem design made of metal. Both the Rejuvenate and the ABG II metal hip implants were approved using the controversial FDA 501(k) process in which Stryker claimed that the products were substantially equivalent to products already on the market. As a result the Rejuvenate and the ABG II systems never underwent rigorous clinical trials. In reality, the products were fatally flawed and failed at a catastrophically high rate. Both were recalled by Stryker in July of 2012.
Stryker hip implant recipients who qualify for the settlement will receive a base award of $300,000. The awards may be increased on a complication-by-complication basis for implant recipients whose Stryker hip devices also caused heart attacks and strokes, and a number of other specific complications that are outlined in the Master Settlement Agreement.
If you were implanted with a defective Stryker Rejuvenate or ABG II hip implant, it is not too late to file a claim. The Thornton Law Firm is actively litigating claims for recipients of Stryker implants in Massachusetts and across the country. If you have any questions about your hip implant or are concerned that your implant has failed or caused you injury, contact our Stryker hip implant attorneys at 888-341-1405 or tell us your story here. There are strict time limits on claims of this nature, so do not delay seeking legal advice.
Thornton Law Firm and co-counsel recently settled a lawsuit on behalf of a child with serious birth defects whose mother was exposed to toxic substances during pregnancy while working in the semiconductor chip manufacturing industry. The settlement was reached just before trial was scheduled to begin in California state court.
The plaintiffs brought the action in 2010, alleging that the mother’s exposures to chemicals at work caused her son’s profound injuries, which will require around the clock care for the rest of his life. The boy’s injuries include a chromosomal translocation (an exchange of genetic material between chromosomes) which caused severe and intractable developmental delays. He also suffers from heterotopias, a congenital brain malformation which causes severe seizures. The mother worked as a clean room supervisor at the Defendant’s manufacturing facility in Silicon Valley, California. The mother’s work at the Silicon Valley plant resulted in exposure during her pregnancy to photoresists (light-sensitive materials) containing ethylene glycol ethers, isopropanol, acetone, fluorides and other toxic substances used in the manufacture of semiconductor chips. Silicon Valley has been a center of semiconductor chip manufacturing in the United States for several decades.
The plaintiffs’ chief medical causation expert witness was prepared to offer opinions at trial that the mom’s occupational exposures during the pregnancy caused her son’s birth defects. Plaintiffs’ industrial hygiene expert had also assessed the mother’s work exposure to the toxic chemicals.
Thornton Law Firm partner David C. Strouss was the lead attorney handling this case. The firm, and co-counsel, also currently have a significant number of similar cases pending in California, Delaware, Illinois, and other jurisdictions. These cases are also on behalf of children born with birth defects whose parents were exposed to toxic substances while working in the semiconductor manufacturing industry.
If your child has suffered a birth defect that you believe may be the result of your exposure to toxins in your workplace, please contact experienced Boston birth defect attorney David Strouss at Thornton Law Firm for a free consultation by calling 888-341-1405 or tell us your story here. Many workplace chemicals, such as glycol ethers and other solvents, have been linked to serious birth defects. The team at Thornton Law Firm has significant experience in assessing all workplace exposures related to birth defects.The consultation is free and confidential. All legal claims have short time limits; do not delay seeking legal advice.
By Marilyn T. McGoldrick, Esq.
Posted on February 3, 2014
Biomet, Inc. and counsel for Plaintiffs reached an agreement to settle all cases currently pending in the Biomet MDL (In Re Biomet M2A Magnum Hip Implant Products Liability Litigation, MDL 2391) and any future cases filed on or before April 15, 2014. To be eligible for compensation a plaintiff must have been implanted with a Biomet M2a 38 or M2A Magnum hip replacement system and underwent surgery to revise the device more than 180 days after it was implanted.
Plaintiffs who meet these eligibility requirements will receive a base payment of $200,000 which can be reduced based on certain factors. Each plaintiff will be responsible for resolution and payment of all healthcare liens.
Biomet Settlement Agreement
If you have a Biomet hip replacement system, Thornton Law Firm offers free, confidential case evaluations. Please contact me at 888-341-1405 or tell us your story here.