Takeda Pharmaceuticals Actos Bladder Cancer $25M Class Action Settlement

Certain individuals who may have developed bladder cancer or other ailments after taking diabetes drug Actos may benefit from a $25 million Actos class action settlement with drugmaker Takeda Pharmaceuticals.

Courts in Ontario and Québec have certified four Classes:

• Québec Class: Any Québec resident who purchased and/or used Actos from Aug. 17, 2000, to the date the settlement is finally approved by the Courts and their estates, administrators, or other legal representatives, heirs, or beneficiaries
• Québec Family Class: All family members and/or dependents of Québec Class Members who would have been entitled to make a claim for compensation in the Québec case
• Ontario National Class: All residents Canada, excluding residents of Québec, who purchased and/or used Actos and all Canada residents who purchased and/or used APO-Pioglitazone and/or SANDOZ-Pioglitazone during the Class period, as well as their estates, administrators, or other legal representatives, heirs, or beneficiaries
• Ontario National Family Class: Anyone who, on account of a personal relationship to an Ontario National Class Member, is entitled to make a derivative claim for damages pursuant to the applicable provincial and/or territorial family law legislation.

Class action lawsuits had alleged prescription drugs Actos, APO-Pioglitazone and Sandoz-Pioglitazone (collectively referred to as PIO) caused bladder cancer or otherwise harmed those who took the medications.

Takeda Pharmaceuticals Settlement Benefits

Class Members will receive a share of the net settlement fund remaining after attorneys’ fees and other expenses are paid.

The Takeda Pharmaceuticals settlement agreement establishes five payment levels based on the Class Member’s injury and age.

• Level 1: Awards are capped at $50,000 for Class Members diagnosed with Ta, Tis, or low-grade bladder cancer, or who were diagnosed with bladder cancer before taking Actos
• Level 2: Awards from $60,000 to $80,000 for Class Members diagnosed with higher-grade bladder cancer or who were diagnosed with bladder cancer after using Actos
• Level 3: Awards of between $75,000 and $125,000 for Class Members who had a T2 diagnosis or those who were diagnosed with bladder cancer and had to undergo radiation therapy and/or systemic chemotherapy
• Level 4: Awards from $90,000 to $175,000 for Class Members diagnosed with T3 bladder cancer or who had to have a kidney or their bladder partially removed as a part of their treatment
• Level 5: Awards of up to $225,000 for Class Members diagnosed with terminal bladder cancer

In order to be eligible for a payment in the Takeda Pharmaceuticals Actos class action settlement, the Class Member must provide evidence of their prescriptions for PIO, such as all pharmacy records reflecting the PIO was dispensed to the Class Member; all insurance records that reflect their purchase of PIO; medical records showing the prescription and/or provision of PIO to the Class Member; or, in extraordinary circumstances in which these records are not available, a declaration from the Class Member’s physician attesting to the Class Member having been prescribed with PIO. Any of these records that are submitted must include the dosage and date.

Class Members are also required to submit certain medical records and evidence of compensable injuries. More information on the documentation requirements is available on the Settlement Eligibility Criteria court exhibit.

No payments will be issued until the settlement agreement receives final approval and after all claims have been submitted. The exact date is not known, but it is expected that the payments will not be made before the end of 2021.

The opt-out deadline has passed.

The deadline to submit a claim in the Actos class action settlement is Nov. 29, 2021.

Who’s Eligible

Courts in Ontario and Québec have certified four Classes:

• Québec Class: Any Québec resident who purchased and/or used Actos from Aug. 17, 2000, to the date the settlement is finally approved by the Courts and their estates, administrators, or other legal representatives, heirs, or beneficiaries
• Québec Family Class: All family members and/or dependents of Québec Class Members who would have been entitled to make a claim for compensation in the Québec case
• Ontario National Class: All residents Canada, excluding residents of Québec, who purchased and/or used Actos and all Canada residents who purchased and/or used APO-Pioglitazone and/or SANDOZ-Pioglitazone during the Class period, as well as their estates, administrators, or other legal representatives, heirs, or beneficiaries
• Ontario National Family Class: Anyone who, on account of a personal relationship to an Ontario National Class Member, is entitled to make a derivative claim for damages pursuant to the applicable provincial and/or territorial family law legislation.

Potential Award

Up to $225,000.

• The Takeda Pharmaceuticals settlement agreement establishes five payment levels based on the Class Member’s injury and age.
  • Level 1: Awards are capped at $50,000 for Class Members diagnosed with Ta, Tis, or low-grade bladder cancer, or who were diagnosed with bladder cancer before taking Actos
  • Level 2: Awards from $60,000 to $80,000 for Class Members diagnosed with higher-grade bladder cancer or who were diagnosed with bladder cancer after using Actos
  • Level 3: Awards of between $75,000 and $125,000 for Class Members who had a T2 diagnosis or those who were diagnosed with bladder cancer and had to undergo radiation therapy and/or systemic chemotherapy
  • Level 4: Awards from $90,000 to $175,000 for Class Members diagnosed with T3 bladder cancer or who had to have a kidney or their bladder partially removed as a part of their treatment
  • Level 5: Awards of up to $225,000 for Class Members diagnosed with terminal bladder cancer

Proof of Purchase

Several forms of documentation are required for Class Members filing claims in the Takeda Pharmaceuticals Actos settlement.

In order to be eligible for a payment in the Actos settlement, the Class Member must provide evidence of their prescriptions for PIO, such as all pharmacy records reflecting the PIO was dispensed to the Class Member; all insurance records that reflect their purchase of PIO; medical records showing the prescription and/or provision of PIO to the Class Member; or, in extraordinary circumstances in which these records are not available, a declaration from the Class Member’s physician attesting to the Class Member having been prescribed with PIO. Any of these records that are submitted must include the dosage and date.

Class Members are also required to submit certain medical records and evidence of compensable injuries. More information on the documentation requirements is available on the Settlement Eligibility Criteria court exhibit.

Claim Form

CLICK HERE TO FILE A CLAIM »

(Class Members outside Canada must submit a PDF of the claim form, available here.)

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/29/2021

Case Name

Whyte, et al. v. Takeda Pharmaceutical Co. Ltd., et al., Case No. 500-06-000618-120 in the Superior Court of Quebec, District of Montreal

Final Hearing

TBD

Settlement Website

PIOSettlement.ca

Claims Administrator

Canadian ACTOS / Pioglitazone Class Action
c/o CA2 Inc.
9 Prince Arthur Avenue
Toronto, ON M5R 1B2
piosettlement@classaction2.com
Tel: 1-800-538-0009

Class Counsel

ROCHON GENOVA LLP

KIM SPENCER MCPHEE BARRISTERS PC

MERCHANT LAW GROUP LLP

Defense Counsel

Sylvie Rodrigue
SOCIÉTÉ D’AVOCATS TORYS S.E.N.C.R.L.

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