Takeda is the maker of the diabetes drug Actos, which has been linked to bladder cancer and other serious health problems. The company insists that it followed all safety protocols and that the benefits of the drug far outweigh its risks. Takeda recently settled approximately 9,000 bladder cancer lawsuits for $2.37 billion. Experts believe that one of the strongest motivations for the company to settle is the fact that the earliest Actos trials resulted in awards of punitive damages against the manufacturer.
Those who have taken Actos and developed bladder cancer or any other serious side effect may be entitled to payment from the newly-established settlement fund. However, these victims may need the help of an attorney to understand their rights and ensure that they recover compensation.
Actos and Bladder Cancer
Actos was a drug marketed by Japanese drug manufacturer Takeda Pharmaceuticals to treat Type 2 diabetes. However, the drug was linked to occurrences of bladder cancer and other health problems, resulting in about 10,000 lawsuits being filed in state and federal courts by victims who had suffered injuries related to Actos.
Takeda took the first few cases to trial, losing five out of eight of these to jury verdicts in favor of the victims. These losses, coupled with several large punitive damage awards, spurred Takeda to settle quickly for more than two billion dollars with the remaining victims.
Punitive damages are meant to punish the company for wrongdoing rather than to compensate the victims for actual damages. Additionally, juries often award punitive damages in such a way that the defendants are able to have them dismissed following the verdict. However, whether Takeda must pay punitive damages or not, the message from the jury was clear: the company was guilty of deceiving the victims about the possible dangers of taking Actos.
Should I Join the Settlement Group?
Takeda has not admitted any wrongdoing by settling these cases. Instead, the company takes the position that it has had for years: that Actos has many positive benefits for users that far outweigh the few negative side effects. The company also claims that there were no errors in its marketing practices for Actos.
Victims who agree to the settlement will be awarded compensation based on a points system.
The points are awarded based on the extent of the victim’s injury and treatment necessary for recovery; the victim’s age; the length of time the victim took the drug; the dosage received; and other risks for bladder cancer, including smoking. For those whose loved ones died or victims who have suffered extremely devastating injuries, more money may be awarded.
Those who have taken Actos and developed bladder cancer or other health problems now have the opportunity to collect compensation from the company. While no victim is required to join in the settlement fund, Takeda is vigorously defending individual cases filed against the company. Those with injuries may benefit from speaking to an experienced personal injury attorney about their cases to determine if settling with the company is in their best interests. If you or a loved one has developed bladder cancer after taking Actos, contact us at today at 800.360.7015 or fill out our free case evaluation form.