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Maine Actos Bladder Cancer Lawsuits
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 A Maine Actos bladder cancer lawsuit allows a person who has developed bladder cancer to recover money damages from the manufacturer of Actos. Bladder cancer is a side effect of Actos, and if it can be shown that you developed bladder cancer as a result of using Actos, Arizona law allows you to sue its manufacturer.
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Actos and Bladder Cancer
Deadlines for Maine Actos Bladder Cancer LawsuitsUnder the law of Maine, there are deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations, and they vary by the type of claim.
A Maine Actos bladder cancer lawsuit is a product liability claim because Actos is a defective product: the warning was inadequate because it did not warn of the risk of bladder cancer. Maine product liability lawsuits include claims based on strict liability, negligence, and breach of warranty.
Under Maine law, claims for strict liability, negligence, and breach of warranty where there has been an injury to the person must be brought within six years of when the cause of action "accrues." In most other states, the statute of limitations is only two years.
Maine courts have held that a cause of action accrues when "there has been a manifestation of physical injury to a person, sufficient to cause him actual loss, damage or suffering from a defective, unreasonably dangerous product."
Please note: exactly when a cause of action accrues under Maine law, and therefore also the deadline for bringing a claim for having developed bladder cancer as an Actos side effect, varies based on the specific facts of each person's case.
DeCarli Law Actos AttorneysIf you or a loved one developed bladder cancer after using Actos, or one of the other drugs containing the same active ingredient such as Duetact, ActoPlus Met, or ActoPlus Met RX, contact the Actos attorneys at DeCarli Law for a free, no-obligation telephone consultation. Our main office is in San Francisco, but we assist clients throughout the United States and always offer free consultations to prospective clients.
Use the "Contact Us" form on the lower left side of the page to reach us, or use the toll free number to call us. We represent our clients on a contingency fee basis, which means you pay nothing unless and until we recover money for you. If we recover nothing for you, you will not be charged anything.
Maine Statutes Establishing Limitation Periods:
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS
§752. Six years.
All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided.
Title 18-A: PROBATE CODE
Article 2: INTESTATE SUCCESSION AND WILLS
Part 8: GENERAL PROVISIONS
§2-804. Actions for wrongful death
(a). Whenever the death of a person shall be caused by a wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then the person or the corporation that would have been liable if death had not ensued shall be liable for damages as provided in this section, notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as shall amount to a felony.
(b). Every wrongful death action must be brought by and in the name of the personal representative of the deceased person. The amount recovered in every wrongful death action, except as otherwise provided, is for the exclusive benefit of the surviving spouse if no minor children, of the children if no surviving spouse, one-half for the exclusive benefit of the surviving spouse and one-half for the exclusive benefit of the minor children to be divided equally among them if there are both surviving spouse and minor children and to the deceased's heirs to be distributed as provided in section 2-106 if there is neither surviving spouse nor minor children. The jury may give damages as it determines a fair and just compensation with reference to the pecuniary injuries resulting from the death and in addition shall give such damages that will compensate the estate of the deceased person for reasonable expenses of medical, surgical and hospital care and treatment and for reasonable funeral expenses. In addition, the jury may give damages not exceeding $500,000 for the loss of comfort, society and companionship of the deceased, including any damages for emotional distress arising from the same facts as those constituting the underlying claim, to the persons for whose benefit the action is brought. The jury may also give punitive damages not exceeding $250,000. An action under this section must be commenced within 2 years after the decedent's death. If a claim under this section is settled without an action having been commenced, the amount paid in settlement must be distributed as provided in this subsection. A settlement on behalf of minor children is not valid unless approved by the court, as provided in Title 14, section 1605.
(c). Whenever death ensues following a period of conscious suffering, as a result of personal injuries due to the wrongful act, neglect or default of any person, the person who caused the personal injuries resulting in such conscious suffering and death shall, in addition to the action at common law and damages recoverable therein, be liable in damages in a separate count in the same action for such death, brought, commenced and determined and subject to the same limitation as to the amount recoverable for such death and exclusively for the beneficiaries in the manner set forth in subsection (b), separately found, but in such cases there shall be only one recovery for the same injury.
(d). Any action under this section brought against a governmental entity under Title 14, sections 8101 to 8118, shall be limited as provided in those sections.
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Posted By DeCarli Law on
August 26, 2011 05:55 pm |
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