Discovery Procedures Established in Actos Bladder Cancer MDL

The judge presiding over the federal Actos litigation has issued an order establishing the discovery protocol for product liability lawsuits filed by individuals who developed bladder cancer after using the diabetes drug. 

Hundreds of individual Actos bladder cancer lawsuits have been consolidated for pretrial proceedings before U.S. District Judge Rebecca F. Doherty in the Western District of Louisiana, as part of an MDL or multi-district litigation. There are also a number of cases pending in various state courts throughout the country.

In a Case Management Order issued on December 21, Judge Doherty laid out the procedures for conducting discovery in the federal cases that are being prepared for early trial dates in the MDL, which are expected to begin late next year.

Actos (pioglitazone) was approved by the FDA for treatment of type 2 diabetes in July 1999.  It is a once-daily pill that increases the body’s sensitivity to insulin.  However, research has found that side effects of Actos may increase the risk of bladder cancer after long-term use.

All of the cases involve similar allegations that Takeda Pharmaceuticals failed to adequately research the cancer risk with Actos or provide proper warnings for consumers or the medical community. The FDA required new warnings about the risk in June 2011, after a study conducted by the drug maker found a higher incidence of cancer among Actos users.

Parties Preparing For Early Actos Trial Dates

A small group of cases in the Actos MDL are currently being prepared for early trial dates, known as “bellwether” trials, with the first case scheduled to begin in November 2014, followed by a second trial in January 2015.

Upon entry of the order, all prior stays issued in the MDL were lifted, allowing discovery to move forward consistent with the protocols established.

Judge Doherty indicated that discovery efforts in the federal litigation should be coordinated with lawsuits being pursued in state courts to conserve resources and eliminate efforts. To that degree, Judge Doherty indicated that any depositions taken in any state court action involving witnesses in the federal cases can be cross-noticed in the MDL and can be used in federal proceedings if both parties agree.

It appears that the first Actos case to reach a jury in the United States will be a state-court lawsuit filed in California, which is scheduled for trial to begin on February 19 in the Superior Court of California for Los Angeles County.

In complex pharmaceutical litigation, the outcome of early trial dates are often used by the parties to gauge how juries are likely to respond to certain evidence and testimony that will be offered throughout a large number of lawsuits. Information uncovered during the discovery process and from these early trial dates is designed to help facilitate a possible Actos settlement agreement for the bladder cancer lawsuits.