Actos Litigation - Important First Steps
There are a number of critical first steps to take for those who are taking or who have in the past taken Actos for over a year and now suffer from bladder cancer. The most critical first steps relate to deadlines associated with personal injury claims in New Mexico.
In suits against the government, the New Mexico Tort Claims Act requires that a Notice of Tort Claims be mailed to the proper governmental agency or entity within 90 days of the alleged negligence that caused the injury. In cases of wrongful death, the deadline is extended to 6 months from the date of the negligent Act.
Because the possible links between Actos and bladder cancer have been suspected for quite some time, there may be possible medical malpractice claims against doctors who prescribed Actos. Whether or not there will be claims against doctors, hospitals and clinics will depend on the circumstances. It will also depend on the outcome of the discovery process in the Actos class action litigation. This will no doubt include extensive testimony and discovery on the culpability of doctors in prescribing this dangerous drug from experts, witnesses, doctors, and the defendant pharmaceutical companies
The Tort Claims Act’s requirement of Notice of Tort Claims is unforgiving. The notice must be sent in a timely manner or the claims against the medical provider(s) will be barred completely. Keep in mind that this would bar only claims against the medical providers (doctors, clinics and hospitals) not the claims against Takeda Pharmaceutical or Eli Lilly.
Due to the severity of the consequences of a failure to timely send out the Tort Claims Notice, it is best to err on the side of caution and send the notice if the medical provider that prescribed Actos is a governmental agency or one of its employees, agents or contractors.
To protect your possible medical malpractice claims for the prescription of Actos, you should take 2 simple steps:
These issues are complex, confusing and sometimes overwhelming for injured patients to address on their own. If you have taken Actos for any significant period of time now or in the past, and now suffer from bladder cancer, you should immediately seek the advice of an experienced personal injury attorney. These deadlines serious and require immediate attention. Delay is not an option if you wish to ever pursue your claims.
In suits against the government, the New Mexico Tort Claims Act requires that a Notice of Tort Claims be mailed to the proper governmental agency or entity within 90 days of the alleged negligence that caused the injury. In cases of wrongful death, the deadline is extended to 6 months from the date of the negligent Act.
Because the possible links between Actos and bladder cancer have been suspected for quite some time, there may be possible medical malpractice claims against doctors who prescribed Actos. Whether or not there will be claims against doctors, hospitals and clinics will depend on the circumstances. It will also depend on the outcome of the discovery process in the Actos class action litigation. This will no doubt include extensive testimony and discovery on the culpability of doctors in prescribing this dangerous drug from experts, witnesses, doctors, and the defendant pharmaceutical companies
The Tort Claims Act’s requirement of Notice of Tort Claims is unforgiving. The notice must be sent in a timely manner or the claims against the medical provider(s) will be barred completely. Keep in mind that this would bar only claims against the medical providers (doctors, clinics and hospitals) not the claims against Takeda Pharmaceutical or Eli Lilly.
Due to the severity of the consequences of a failure to timely send out the Tort Claims Notice, it is best to err on the side of caution and send the notice if the medical provider that prescribed Actos is a governmental agency or one of its employees, agents or contractors.
To protect your possible medical malpractice claims for the prescription of Actos, you should take 2 simple steps:
- Determine if your doctor is employed by a governmental entity (i.e. local, county or state hospital or clinic).
- Send Tort Claims Notices to each and every governmental entity required under the New Mexico Tort Claims Act.
These issues are complex, confusing and sometimes overwhelming for injured patients to address on their own. If you have taken Actos for any significant period of time now or in the past, and now suffer from bladder cancer, you should immediately seek the advice of an experienced personal injury attorney. These deadlines serious and require immediate attention. Delay is not an option if you wish to ever pursue your claims.
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