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Massachusetts Actos Bladder Cancer Lawsuits
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 A Massachusetts Actos bladder cancer lawsuit allows a person who has developed bladder cancer after using Actos to seek justice. Bladder cancer is a side effect of Actos, and if it can be shown you developed bladder cancer as a result of using Actos, Massachusetts law allows you to sue its manufacturer, Takeda Pharmaceuticals.
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Actos and Bladder Cancer
Deadlines for Massachusetts Actos Bladder Cancer LawsuitsMassachusetts law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations, and their length depends upon the type of injury and legal theory applicable to that injury.
A Massachusetts lawsuit for having developed bladder cancer from Actos is a product liability claim because, having caused a side effect for which there was no adequate warning, Actos is a defective product. The causes of action most frequently asserted in Massachusetts product liability lawsuits are negligence, breach of the implied warranty of merchantability, and unfair or deceptive acts or practices that violate Chapter 93A of the Massachusetts General Laws.
Under Massachusetts law, the statute of limitations for a negligence action and "tort-based" warranty actions is three years from the date the cause of action "accrues." A cause of action "accrues" on the occurrence of some appreciable injury. However, when an injury is latent or "inherently unknowable," the discovery rule applies and the action does not accrue until a person knows or reasonably should have known that he or she has been injured. For Chapter 93A unfair or deceptive acts or practices claims, the statute of limitations is four years.
Please note: exactly when an Actos cause of action accrues under Massachusetts 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.
Actos AttorneysIf you or a loved one developed bladder cancer after using Actos, or another drug containing the same active ingredient such as Duetact, ActoPlus Met, or ActoPlus Met RX, contact the Actos attorneys at DeCarli Law for a no-obligation telephone consultation. We always offer free consultations to prospective clients.
Use the "Contact Us" form on the 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.
Selected Massachusetts Statutes:
CHAPTER 260. LIMITATIONS OF ACTION
Section 2A. Tort, contract to recover for personal injuries, and replevin actions.
Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.
Section 4. Certain tort or contract actions for malpractice, error or mistake
Actions of contract or tort for malpractice, error or mistake against attorneys, certified public accountants and public accountants, actions for assault and battery, false imprisonment, slander, libel, actions against sheriffs, deputy sheriffs, constables or assignees in insolvency for the taking or conversion of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against hairdressers, operators and shops registered under sections eighty-seven T to eighty-seven JJ, inclusive of chapter one hundred and twelve, actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety and also actions of tort for bodily injuries or for death or for damage to property against officers and employees of the commonwealth, and of any county, city or town, arising out of the operation of motor or other vehicles owned by the commonwealth, including those under the control of said commission, or by any such county, city or town, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within three years next after the cause of action accrues.
Actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitoria shall be commenced only within three years after the cause of action accrues, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.
For the purposes only of this section, an officer or soldier of the military forces of the commonwealth, as defined in chapter thirty-three, shall while performing any lawfully ordered military duty be deemed to be an officer or employee of the commonwealth.
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Posted By DeCarli Law on
August 25, 2011 04:15 pm |
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