The use of Actos, a popular diabetic drug, is associated with an increased risk of bladder cancer. If you have developed bladder cancer as a result of using the drug Actos, then you need to consider the time you have to file a lawsuit for the injuries you have suffered. The right to file a lawsuit is not indefinite and is time limited, this is known as the statute of limitations. You have a certain amount of time to file a personal injury lawsuit, or the claim will expire irrespective of how strong your case is.
In the United States, personal injury statute of limitations vary from the state to state. Most states have a statute of limitations that runs for two years after the date of the injury. But, it is hard to pin down the starting date of the injury. For example, did the injury occur when the patient first began taking Actos, or was it when the bladder cancer was first diagnosed, or when the victim first realised the link between the bladder cancer and Actos or when the patient had surgery for his bladder cancer?
Typically, the court rules that the statute of limitations starts when the victim should have known about the dangerous side effects of the drug. Sometimes the drug manufacturer makes a public announcement that their drug is causing side effects; then the plaintiff should know about the danger, starting the statute of limitations. Sometimes, the court rules that the statute of limitations begins after the Food and Drug Administration issues a warning about the danger of the drug or makes a "black box warning." At this point, the drug manufacturer’s dangerous drug is public knowledge. In the case of Actos, the FDA went public in June of 2011, and issued a warning.
In most drug injury cases, the victims may have been taking the dangerous drug for many years before the risk became known, for example Accutane and Inflammatory Bowel Disease. Here, the court must extend the statute of limitations to the point at which the danger became public, or most of the people who are harmed will be excluded from claiming compensation.
Multi-District Litigation and Statutes of Limitations
The Court presiding over the representative cases (bellwether trials) will establish damages for all other cases. The jurisdiction for the representative cases was likely chosen for some specific reason, for example because it is the home jurisdiction of the defendant. While the damage caps, procedures, and rules of evidence will be those of jurisdiction handling the representative cases, the statute of limitations will be that of the jurisdiction in which the victim was injured; you retain the statute of limitations of your state, which is two years in Texas, three years in Arkansas etc. Click here to find out the Statute of Limitations in your jurisdiction.
Disclaimer: This blog was created to provide timely information about Actos®. The information on this site is intended for educational purposes only and is not intended for the purpose of providing legal advice, nor the formation of an attorney-client relationship. The information presented is general and may not apply to your specific circumstances.
Actos is a member of a class of drugs known as thiazolidinediones, which have been linked to bladder cancer. Actos side effects include increased risk of congestive heart failure, and an increased risk for bladder cancer. In August 2011, the first lawsuits were filed against Actos manufacturer Takeda Pharmaceuticals blaming the diabetes drug for instances of bladder cancer. Victims are suing for financial compensation for the cost of hospital bills and loss of income, as well as physical and emotional suffering.
Shezad Malik is an Internal Medicine and Cardiology specialist, a licensed Texas Medical Doctor and Defective Medical Device and Dangerous Drug Attorney. Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others.