How the Actos Multidistrict Litigation (“MDL”) Order Affects Your Rights in New Mexico
Claims against the pharmaceutical companies Takeda Pharmaceutical and Eli Lilly are mounting for Actos related bladder cancer. Due to studies indicating a 40% increase in risk of bladder cancer for prolonged use of Actos and the millions of patients using the drug for type 2 diabetes, there will likely be many more to come.
Due to the large number of claims and what is likely to be many more in the future, the Unites States Judicial Panel on Multidistrict Litigation has consolidated the federal Actos cases and referred them to U.S. District Court in the Western District of Louisiana for management by Judge Rebecca Doherty. This may be somewhat confusing to those in New Mexico and other states who do not understand how this will affect their rights to use an attorney of their choosing in their home state. In fact, this will not affect their rights in the least and they are still fully entitled to seek the services of the attorney of their choice in their own state.
Multidistrict litigation can be quite beneficial for individual plaintiffs. The MDL process combines these cases for pretrial proceedings so that these complex and expensive cases can be streamlined as they are prepared for trial. This can help individual plaintiffs who would not be able to pursue these claims on their own.
Additionally, this is an opportunity for the plaintiffs to seek true class action status which would allow plaintiffs to either opt-in or opt-out of the opportunity to combine their cases for all purposes, including trial and/or settlement. The process of seeking and obtaining class action status is itself lengthy, expensive and complicated as the Federal Rules of Civil Procedure require very specific requirements to be met before a court can certify a group as a “class” for purposes of litigation. Motions for class certification are often hotly contested by defendants who do not want to do battle against a solid coordinated and well-run class of potentially thousands of members -- there is strength in numbers.
Although the case has not been certified as a class action yet, the MDL process still allows coordination and cooperation among plaintiffs in these enormously complex cases. For example, the claims require significant expert witness involvement with medical, pharmacological and economic experts to name a few. They also impose huge discovery burdens. Discovery is the process of gaining evidence from the defendant, co-defendants, defense experts, and other witnesses in preparation for trial. The discovery process alone on claims of this type can costs millions of dollars which clearly one individual plaintiff would not be able to afford.
Under the MDL process, plaintiffs can often benefit from the collective efforts and resources of the group. However, the plaintiffs will also have obligations to participate and assist in the group discovery process so that their interests are protected and advanced. As such, it is important that those injured by Actos take steps to protect their own claims. They cannot sit back and rely on the MDL to protect their claims for them.
These issues are complex and very confusing to most. If you have been taking Actos for more than one year and you have bladder cancer, you should immediately seek the advice of an experienced personal injury attorney to guide you through this confusing process.
Keep in mind that there are strict deadlines on personal injury claims. In particular, and quite relevant to the Actos related litigation, there are very short deadlines on claims against governmental entities such as local, county and state hospitals or clinics that may have negligently prescribed Actos or failed to provide the appropriate warnings. Such medical malpractice claims a very short 90 day deadline on the required Tort Claims Notice.
Due to the large number of claims and what is likely to be many more in the future, the Unites States Judicial Panel on Multidistrict Litigation has consolidated the federal Actos cases and referred them to U.S. District Court in the Western District of Louisiana for management by Judge Rebecca Doherty. This may be somewhat confusing to those in New Mexico and other states who do not understand how this will affect their rights to use an attorney of their choosing in their home state. In fact, this will not affect their rights in the least and they are still fully entitled to seek the services of the attorney of their choice in their own state.
Multidistrict litigation can be quite beneficial for individual plaintiffs. The MDL process combines these cases for pretrial proceedings so that these complex and expensive cases can be streamlined as they are prepared for trial. This can help individual plaintiffs who would not be able to pursue these claims on their own.
Additionally, this is an opportunity for the plaintiffs to seek true class action status which would allow plaintiffs to either opt-in or opt-out of the opportunity to combine their cases for all purposes, including trial and/or settlement. The process of seeking and obtaining class action status is itself lengthy, expensive and complicated as the Federal Rules of Civil Procedure require very specific requirements to be met before a court can certify a group as a “class” for purposes of litigation. Motions for class certification are often hotly contested by defendants who do not want to do battle against a solid coordinated and well-run class of potentially thousands of members -- there is strength in numbers.
Although the case has not been certified as a class action yet, the MDL process still allows coordination and cooperation among plaintiffs in these enormously complex cases. For example, the claims require significant expert witness involvement with medical, pharmacological and economic experts to name a few. They also impose huge discovery burdens. Discovery is the process of gaining evidence from the defendant, co-defendants, defense experts, and other witnesses in preparation for trial. The discovery process alone on claims of this type can costs millions of dollars which clearly one individual plaintiff would not be able to afford.
Under the MDL process, plaintiffs can often benefit from the collective efforts and resources of the group. However, the plaintiffs will also have obligations to participate and assist in the group discovery process so that their interests are protected and advanced. As such, it is important that those injured by Actos take steps to protect their own claims. They cannot sit back and rely on the MDL to protect their claims for them.
These issues are complex and very confusing to most. If you have been taking Actos for more than one year and you have bladder cancer, you should immediately seek the advice of an experienced personal injury attorney to guide you through this confusing process.
Keep in mind that there are strict deadlines on personal injury claims. In particular, and quite relevant to the Actos related litigation, there are very short deadlines on claims against governmental entities such as local, county and state hospitals or clinics that may have negligently prescribed Actos or failed to provide the appropriate warnings. Such medical malpractice claims a very short 90 day deadline on the required Tort Claims Notice.
