Aurora Actos Lawsuits
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Are you a Type II Diabetes Patient? Have you been prescribed Actos? Are you suffering an injury from your medication? If you can answer yes to any or all of these questions, the following article is for you.
In today’s world, you have to take your health care into your own hands. You have to stay abreast of the latest treatments and the results of these treatments, whether you have been affected by them or not. Gone are the days of the family doctor; you must be proactive in the care of your health, and that of your family. The following article, compliments of Grossman Law Offices, will hopefully help you understand a little about what has occurred with the treatment of Type II Diabetes using Actos.
Since its release into the prescription market in 1999, literally hundreds of thousands of patients have been prescribed the medication. Actos has been one of the highest selling medications across the country. In 2008, it was the 10th highest selling drug and the amount of sales doubled in 2010 to $5 Billion.
The Food and Drug Administration has now linked Actos to a significantly increased risk of bladder cancer. If you or a loved one has taken Actos, Actoplus Met, or Duetact for a year or more, you may be suffering complications and be entitled to compensation. You may need the assistance of an Actos Injury Attorney that can help the Aurora patients that have been affected.
The Purpose of Actos
The intent of Actos was to help Type II Diabetes patients control their blood sugar with the main purpose being to lessen the withdrawal and the quantity of glucose found in the body and reduce the liver’s resistance to insulin. It has also been prescribed in conjunction with other hypoglycemic medications or insulin, depending upon the treatment needed by the patient. Although the medication had proven to be effective for Type II patients, it was never intended for juvenile, or Type I diabetes. This effectiveness was brought into question in June 2011, when the FDA, or Food and Drug Administration, released a warning stating Actos had now been linked with bladder cancer in its consumers.
Designed and introduced by Takeda Pharmaceuticals, its original name was Pioglitazone HCI. When it reached the United States, the common names of Actos, Actoplus Met and Duetact were given to the medication and have been used here since.
Many patients have been using this medication for treatment of their Type II Diabetes for prolonged periods of time since its inception. Patients have relied and trusted in the medical field to give them the treatments and medications that would help them, not harm them.
Actos Side Effects
The most common side effects of Actos have been:
- Fluid Retention
- Weight Gain
- Cold-like Symptoms
- Muscle Pain
- Headaches and Sinusitis (when used in conjunction with other hypoglycemic medications)
The more serious side effects of Actos are:
- Fractures or broken bones, mainly in female patients
- Liver problems
- CHF or congestive heart failure (in patients who may have a history of heart trouble)
- Diabetic Eye Disease also known as macular edema
- Increased risk of bladder cancer
Most patients will experience some type of side effect, especially if they take prescription medication on a regular basis, and for the most part expect some type of side effect from the drugs they take. Most times the side effects are more of a nuisance than anything, like the common side effects listed.
It is when many patients of a single prescription are found to be having serious side effects from the constant use of a particular medication that compensation may be possible through a drug injury lawsuit.
Actos has been prescribed worldwide to diabetes patients. Of the other countries who were prescribing Actos to their patients, Germany and France have removed Actos from the market since the warnings were issued. Even though the warnings were issued here in the United States as well, the drug is still being prescribed to patients.
Is there a claim with your name on it?
Even if you are an Actos user, you may not be experiencing any of the serious side effects, and that is good news for you. Everyone reacts differently to medications so not everyone will have the same side effects from any one drug. The question of whether you should file a claim or not is very simple to answer, you need only ask yourself if you are suffering a serious injury from using Actos. If you have been an Actos, Actoplus Met, or Duetact user for a year or more and have only experienced the more common side effects of the drug, the drug injury claim would not be beneficial to you. You have no loss or injury from the medication. You may wish to speak with your doctor soon regarding your treatment plan, just to be on the safe side.
If you have been experiencing some of the more serious side effects, you may benefit from an Aurora Actos injury lawsuit and you should consult with an attorney regarding a possible claim. You will need to speak with a personal injury law firm who is familiar with Actos problems lawsuits and the medications devastating side effects as soon as possible. You may be entitled to compensation for your loss or injury.
There are millions of people that take prescription medications everyday, and they lead their lives the better for it. We all expect and hope that it will be that way, and it should be. It should not, however be expected to get a devastating injury from taking a prescription medicine. If you or a loved one is suffering from these side effects, please consult with a law firm that is accomplished in handling Aurora injury claims.
Grossman Law Offices is available to answer your questions regarding filing a claim and put our experience in your corner.
**Please Note: An Aurora Actos lawsuit is considered a mass tort and as such you will need a skilled personal injury attorney. This is a very complex litigation and in order for you to receive the compensation you deserve, you must enlist the help of a seasoned law firm.
Illinois Statute of Limitations
The statute of limitations in Illinois for a case such as the Actos personal injury claim is generally two years. Trying to decipher the beginning and ending dates of the statute can sometimes be a guessing game. In a drug injury case, the beginning date for the statute will be the date that the occurring injuries became common knowledge to the public. In the case of Actos, determining that date can be a convoluted process which only an attorney can fully understand. Until a trial judge uses the FDA warning as the beginning of the statute's period, this information is still unknown.
If you are in Aurora and are having complications from Actos, it is important that you contact an Actos Injury Lawyer immediately before the time to file these claims runs out. As you will see in reading the remainder of this article, you do not want to wait in Illinois, as the funds for the Actos case may be exhausted.
Who should be held responsible for your injuries?
If you have been experiencing any serious side effects, at this point, we’re sure you’ve been asking yourself who to blame for your situation. It is normal for all patients to have an expectation of safety and care when it comes to our physicians, and it would be easy to place blame on them. After all, they were the one who prescribed the medication to you. We tend to hold them to a higher standard than most
One thing that you must keep in mind is most doctors are not always aware of the serious side effects of a medication. Typically they would not knowingly prescribe a medication if they were aware of the possible effects that may prove to be harmful to their patients. If a doctor were to consider giving their patient a medication that may cause them potential harm, more than likely they would discuss it with their patient and forewarn them of the possibilities. It is a very rare instance when a doctor knowingly prescribed a medication to a patient that may cause them undue harm.
Your doctor prescribed this medication to you relying on the testing and research of the manufacturer. Patients as well as doctors have an expectation of safety from the manufacturer of a drug. It is expected that a manufacturer research and test each product thoroughly before releasing it for public consumption. It is the unforeseen complications that may not arise for years after the inception of the product that can cause these types of consequences. The body make-up of each patient is very complex and no two are alike; it is these complexities in a person’s body chemistry that can help bring about these unknown effects as the medication will act differently in each patient. In most cases, doctors have done nothing negligible by prescribing you a medication when no one knew about the possible side effects.
As you have learned, Takeda Pharmaceuticals is the manufacturer of Actos. They would be the most obvious party to blame for their products severe effects. Seeing as it is their responsibility to research and test each product thoroughly, the manufacturer in a drug injury case is usually the one held liable. As it should, the public has a reasonable expectation for the testing and research from any drug manufacturer as we rely on them to care for our health, or the health of our loved one. Prescription medication should be safe and not cause the public undue serious injuries.
It is possible, and unfortunately it has happened before, that a pharmaceutical company was negligent in its research. When hundreds or even thousands of patients start contracting the same serious illness and have been prescribed the same medication for prolonged periods of time, the research and testing methods of a manufacturer come into question. Experience in the complex litigation of a case such as the Actos injury claim is what you will need in your corner if you are suffering or have a loved one who is suffering to provide the Aurora patients the opportunity to get the compensation they so rightfully deserve.
Grossman Law Offices has over 22 years experience with successful personal injury claims.
For a successful personal injury case, you must answer one question to the courts, and it is the same question you have been asking yourself…who was negligent? The claimants in this type of case will bear the burden of proof, as they are the accuser of the defendant claiming negligible actions. The negligence cannot be a mere technicality or speculation; you must provide proof of the negligent actions to build a solid case. In the Actos injury claim, negligence in the research and testing of Takeda Pharmaceuticals must be proven in order to be successful; in other words, you must be able to show that they willingly or knowing released a product that would be harmful to their consumers. There have been cases in the past, unfortunately, where the side effects were known and a manufacturer disregarded them all in the name of profits.
A product or medication that is available to the public either by prescription or over the counter should not cause undue hardships or injuries to its users. Patients or consumers should be able to retain their expectation of safety from the manufacturer of a product. Keep in mind though that the unintentional side effects of a drug are what typically cause these types of consequences to patients who consistently use them. We would all hope that a pharmaceutical manufacturer would not intentionally produce and market such a drug, but they must test and retest these products before they are released to the public.
One Type of Legal Action is a Class Action Lawsuit
Most of the public has heard the term “class action lawsuit” before. You hear it on the radio or the television, or you may have even been involved in a class action lawsuit before. It is quite popular whenever there are a large number of clients filing an action against one company. Although popular, class action lawsuits may not be the answer to every case that is on this type of scale. In a class action lawsuit, the plaintiffs are grouped together in a large pool and the settlement is split between all parties equally. The losses of each client do not matter to the court or anyone else in this type of suit, as the judgments are not handed out according to the suffering of each client. This may be beneficial in some types of cases, but not where personal injuries of this magnitude are concerned.
In a typical class action lawsuit, the claimants actually receive very little in the way of compensation.
For example: In 2004, there was a class action lawsuit against Netflix for their false advertising assertion of no limits on rentals and one-day delivery. Netflix settled the case for $4 million. Of this $4 million, the attorneys in the case took $2.5 million. This covered the legal fees and costs of the case. The only thing that was left for the claimants in this case was a simple coupon, which really cost Netflix nothing or at least no cash out of pocket. In this type of case, there were no real damages to the consumers other than not getting a movie on time. Most of them, in this case, were probably fine with the settlement and happily used their coupon for a free movie rental.
However, in a real personal injury case, who would want a coupon for more medication which was the cause of their injury in the first place? Class action lawsuits would probably be of little benefit to a victim when they have serious injuries. If you have thousands of dollars in bills that are piling up, receiving an award like the one mentioned above from a class action suit would not go very far to help in that instance, now would it? You would probably feel even more like a victim at that point.
Perhaps Mass Tort Litigation?
The word tort is used when a person or entity has caused injury to another, so a mass tort is when an entity has caused harm to many. Consequently, in a mass tort, there are still numerous claimants, and it is somewhat similar to a class action, but there are a few key differences. The main and most important difference is that each individual clients needs are taken into consideration, which means that each and every victim of this medication will have their individual case before a judge. In a personal injury case spread out across the country, it must be handled with due diligence to the statutes in each state along with the claimants injuries in each case.
In a mass tort claim, there is a representative case that basically speaks for all the cases brought forth at that time and beyond to begin the process. A representative case will be used for the purposes of a consolidated discovery for all cases, but each individual case is also heard so that each claimant has their day in court. When it comes to the monetary awards, the seriousness of each individual claimant is looked at and the money is split fairly amongst the parties so that you may get the compensation you deserve. It could possibly take years for the courts to hear each individual case one by one, so a representative case can save the courts and clients valuable time and money. This may sound confusing and somewhat similar to a class action lawsuit because of the representative case, so to make it simple, each claimant does not have to go through the entire process of the lawsuit. There is no discovery in each case, as that was done in the representative case, and is able to be brought forward for each case thereafter. So basically, the only thing each case needs to have heard is the amount of losses and injuries.
No matter the amount of claimants in the Actos problems lawsuit, which is unknown at this time, you deserve for your case to be heard on an individual level to get the compensation from your Actos injury claim that your injuries and losses warrant.
Multi-District Litigation is Needed in Nationwide Claims
When a case is widespread enough to include so many different states and court systems, it is considered multi-district litigation. At the beginning, in the consolidated discovery phase, which we spoke of earlier regarding the representative case, the litigants request and receive information about the drug and its manufacturer like depositions, documents, and admissions. They may also receive interrogations pertaining to the case. Basically this is done to not put undue stress and strain on the court systems across the country. If each individual case had to go through the discovery phase and then the whole trial process it could take many years before anyone saw any compensation. The representative case and its outcome will apply to all Actos injury cases, save the courts and the litigants’ precious time and money, and is guided by the Federal Rules of Civil Procedure to ensure fairness to all parties involved.
Once the consolidated discovery has been done in the representative case, the first few cases of the claim are crucial. The defendant and their attorneys will likely spend large amounts of money to try and win the bellwether cases (the first few cases of the action). These will have a great bearing on the outcome of all other cases, and will set the standard for the upcoming claims. Both parties know the importance of these first cases.
These bellwether cases act as a guide for the rest of the claim, and the outcomes may affect the steps needed by each plaintiff. Reason being, if the defendant is successful in winning the bellwether cases of a mass tort, then they may feel more confident about presenting a strong front and less apt to settle all the other cases. This may give them the impression they could delay the remaining cases, or even get them dismissed. If the plaintiffs, or claimants, win the bellwether cases, then the defendant will more likely want to try and start settling the remainder of the cases and not spend the added money and effort to present a strong front.
Once this process is completed, it will then be time for each case to get the individualized attention that it deserves and each claimant can show the courts their losses. The individual cases are brought about in their own jurisdiction, which is where their injury occurred. Case by case attention is paid to the seriousness of the injuries and losses so that each claimant is assured of receiving fair compensation according to their own needs. Also, when the bellwether cases are successful, a defendant may just start settling cases. The bellwether cases are extremely important as they can delay or speed up the entire mass tort case.
You will want to file your claim as soon as possible for the best interest of your case. Your claim needs to be filed at the beginning of the Actos injury action in order for you to get the compensation you deserve, and here’s why: In a successful mass tort case, a judge will have the defendant put aside a rather large amount of money for all the claimants of the case. Any and all claims that pertain to the Actos drug injury lawsuit will be paid out of this amount. The litigants do not split the monies equally; an amount for their particular injury and loss is taken from the settlement monies that were put aside. For Illinois residents, you generally have a two year statute in which to file your claim, but with Actos, nothing has been set in stone yet.
You do not want to hesitate in contacting an attorney. Victims of injuries caused by the use of the medication Actos, Actoplus Met, or Duetact must act now and not let the statute of limitations or their own delay ruin their chance at seeking justice for their injuries. In Aurora, you want to seek counsel from a qualified Actos injury attorney as soon as possible.
Your Next Step Can Make a Difference
The most important thing any Aurora Actos victims can do to pursue your claim is act now!
Be sure to keep these key points in mind when seeking legal counsel to represent you in the Actos injury lawsuit. You want to receive the compensation that you deserve!
- You will need an attorney that can handle the complexities of the case.
- You need a personal injury firm that will manage your case efficiently, and that will give you the undivided attention your case warrants.
- You will need an attorney that knows the correct way to present your case. The court systems differ in each state and sometimes, even in each county, your attorney must know their way around the Aurora court systems.
- The only ones who can handle this type of case for Aurora victims and be successful are experienced personal injury lawyers. The complexities and differences in each state regarding personal injury lawsuits can be quite overwhelming to someone not attentive to them.
- Lastly, and most importantly, you will need experience on your side to get the justice you desire and working together with your Actos injury attorney to get you the compensation you deserve.
Grossman Law Offices is ready to help you with over 22 years of experience handling successful personal injury claims. You have been injured and need a lawyer that will represent you efficiently and effectively.
Grossman Law Offices. Experience, on your side! Free and confidential consultations today.
At Grossman Law Offices, we feel that all Type II Diabetes patients that are currently using or have never used Actos need to be aware of the Actos personal injury case and the side effects that are possible regardless whether or not you are experiencing the serious side effects, or the common ones.
It is our hope that this article has given you some insight as to where you stand, and what you need to do. Grossman Law Offices will give you the complete and undivided attention of an experienced personal injury attorney. You need excellent representation to direct you through the complexities and legalities of your case in order to obtain the compensation that you deserve.
If you or a loved one has suffered an injury from taking Actos, Actoplus Met, or Duetact, please call us today at 1-855-589-5652 (toll free) for a free and confidential consultation.