On April 26, 2013, following the first Actos trial, Takeda’s counsel filed a motion to the trial court requesting that the court exclude the testimony of the Plaintiff, Jack Cooper’s, causation expert. Mr. Cooper’s causation expert testified that ingesting Actos was a substantial factor in causing Mr. Cooper’s bladder cancer. Takeda argued that many other factors probably led to Mr. Copper’s development of bladder cancer, such as his history of smoking, age, and the fact that he had diabetes. According to Takeda, those factors placed Mr. Cooper in a high risk category for developing cancer.
After the jury returned their verdict, Takeda urged the trial court to reconsider the causation expert’s findings. In doing so, the trial court found that the expert’s testimony was “inherently unreliable.” Without the expert’s testimony, Mr. Cooper had no opinion to support his contention that Actos caused his bladder cancer. On May 1, 2013, the trial court, granted Takeda’s motion for non-suit and overturned the $6.5 million verdict.
Mr. Cooper’s counsel has stated that the trial court misinterpreted California law and that they will appeal the trial court’s reversal of the jury’s verdict. Mr. Cooper’s case was the first Actos case of nearly 200 cases currently pending in California state court to go to trial. More than 1200 cases are also currently pending in state court in Illinois and another 1500 are pending in federal court in Louisiana.
We will continue to monitor Mr. Cooper’s case through the appellate process and look forward to the next Actos trial in January. We continue to believe that Actos is likely the substantial factor that led to the development of bladder cancer in patients who were prescribed and ingested the diabetes drug and that Takeda will ultimately be held responsible.
If you or a loved one have taken Actos and have been diagnosed with bladder cancer, you may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries. Attorneys at Pope McGlamry P.C. are currently taking and filing cases against manufacturers to hold them liable for distributing defective products. If you or a loved one has suffered from bladder cancer and you think that it is because of Actos, contact our Georgia product liability litigation attorneys today and schedule a free consultation.
See Our Related Blog Posts:
Verdict Reached in First Actos Trial
Jury Deliberates In First Actos Trial
Actos Trial Heats Up With Witness Taking Aim At Takeda
More Trouble for Maker of Diabetes Drug Actos
Consumer Reports Advises Against Taking Actos