Baltimore, MDDespite the bad news given to the family of a man who filed an Actos bladder cancer lawsuit, for those whose lawsuits are currently pending, the news is not all bad. Although Diep An’s family will not receive any of the $1.75 million award, the jury did find that Takeda Pharmaceuticals was negligent in not warning about the link between Actos and bladder cancer. That is good news for pending Actos side effects lawsuits.
As previously reported by LawyersandSettlements, the jury in An’s lawsuit (An v. Nieberlein, 24-C12003565) found that although Takeda Pharmaceuticals was negligent in not warning about the risk of bladder cancer, it also found that An’s history as a smoker contributed to his developing cancer. The jury awarded An $1.75 million, but under Maryland law, contributory negligence prevents recovery of that award. So although Takeda was found negligent, a judge threw out the $1.75 million award. An’s family has not said if they will appeal the decision.
The contributory negligence is bad news for An’s family and for anyone else whose actions might have contributed to their development of cancer and live in a state that recognizes contributory negligence. But for those who do not - those who have not committed actions that could have contributed to their cancer - the jury has found that Takeda’s actions were negligent, potentially a positive sign for pending lawsuits.
This is in contrast to the first lawsuit to go to trial, in which the judge found there was no reliable evidence to link the use of Actos to the development of bladder cancer. In that lawsuit (Cooper v. Takeda Pharmaceuticals America, Inc. CGC-12-518535), a jury found in favor of the plaintiff and awarded him $6.5 million. Takeda argued after the verdict that the plaintiff did not prove his cancer was caused by Actos and the judge threw the award out. The plaintiff reportedly intends to appeal that ruling.
Takeda faces approximately 3,000 lawsuits concerning the reported link between Actos and bladder cancer. The company has said there is no proof Actos causes bladder cancer, although the FDA has issued a warning about a potential link. Lawsuits against Takeda allege the company downplayed risks associated with the drug.
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