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UPDATE:
- A judge approved the settlement in Whyte v. Takeda Pharmaceutical Co. Ltd., et al., Case No. 500-06-000618-120 in the Superior Court of Quebec, on April 29, 2021.
A $25 million settlement has been reached in an Actos bladder cancer class action lawsuit.
If approved, claims over a link between the diabetes drug Actos and bladder cancer made by class action lawsuits filed in Ontario, Quebec, Alberta, and Saskatchewan will be ended.
Actos Class Action Settlement Terms
Drugmakers, including Takeda Pharmaceuticals, admit no liability under the terms of the settlement agreement, but have agreed to pay $25 million to end the claims.
Class Members will be entitled to compensatory payments. Under the terms of the class action settlement, there are five levels of payments based on the type of injury suffered by the Class Member, as well as the age of the Class Member.
Level 1 claims are capped at $50,000 for Class Members who were diagnosed with Ta, Tis, or low-grade bladder cancer, or who were diagnosed with bladder cancer prior to taking Actos.
Level 2 claims range from $60,000 to $80,000 and will be awarded to Class Members who were diagnosed with higher grade bladder cancer or who were diagnosed with bladder cancer after using Actos.
Level 3 claims are between $75,000 and $125,000 and cover Class Members who had a T2 diagnosis or who were diagnosed with bladder cancer and had to undergo radiation therapy and/or systemic chemotherapy.
Level 4 claims can be between $90,000 and $175,000. Class Members at Level 4 are those who were diagnosed with T3 bladder cancer or had to have their kidney or bladder partially removed as a part of their treatment.
Level 5 claims can be up to $225,000. Class Members who were diagnosed with terminal bladder cancer can make level 5 claims in this Actos class action settlement.
In addition, $2.375 million will be distributed to public health insurers. The lead plaintiffs in each class action lawsuit, or their representatives, will receive a $5,000 award. The settlement amount will also be used to pay the costs of administering the settlement, including notifying Class Members, as well as paying court and lawyer fees.
Courts in Ontario and Quebec still have to approve the Actos bladder cancer class action settlement. Hearings are scheduled for January of 2021.
Who Are Class Members?
Class Members include residents of Canada who purchased or used the type-2 diabetes drug Actos, as well as their legal representatives, heirs, or estates. In addition, family members of Class Members may also be eligible to make a claim for damages.
To make a claim, Class Members will need to submit pharmacy, insurance, and medical records as evidence that they took Actos or a declaration from their physician if such records are not available. Records regarding their bladder cancer diagnosis and treatment will need to be submitted as well.
Class Members who wish to opt out of the class action settlement must do so by Jan. 26, 2021; those who wish to file an objection must do so by Jan. 7, 2021.
Link Between Actos and Bladder Cancer Alleged
In 2011, the U.S. Food and Drug Administration issued a warning to patients taking the type-2 diabetes drug Actos about an increased risk of bladder cancer for those taking the drug for over one year. In 2016, the FDA updated its notice to warn of a more general risk of bladder cancer associated with the drug.
The FDA warnings were issued after reported research revealed that patients who took the drug at high doses or for over a year were more likely to develop bladder cancer.
Some patients have filed lawsuits claiming that the drug maker, Takeda, knew about the increased risk of bladder cancer linked to Actos, but did not tell patients and their doctors.
Have you or someone you know taken the diabetes drug Actos? Tell us about your experience in the comment section below!
The lead plaintiffs and Class Members are represented by Rochon Genova LLP Barristers Avocats, Merchant Law Group, and Kim Spencer McPhee Barristers PC.
The Actos Bladder Cancer Class Action Lawsuits are Casseres, et al. v. Takeda Pharmaceutical Company Limited, et al., Case No. CV-11-442584-00CP and Carrier, et al. v. Apotex Inc., et al., Case No. CV-13-491534-00CP in the Ontario Superior Court of Justice, Whyte v. Takeda Pharmaceutical Company Limited, et al., Case No. 500-06-000618-120 in the Superior Court of Quebec, District of Montreal, Epp v. Takeda Canada, et al., Case No. 1301-00843 in the Court of Queen’s Bench of Alberta, and Weiler v. Takeda Canada Inc., et al., Case No. QBG 3011/2017 in the Court of Queen’s Bench for Saskatchewan, Canada.
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