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| March 29, 2012 |
| Courts With Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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The diabetes drug Actos has a heightened risk of bladder cancer, especially among men. Men who developed bladder cancer after taking Actos may be able to file a lawsuit against the manufacturer of Actos to recover money damages for their injury.
There currently are three main venues where Actos lawsuits may be pursued, two in state courts, and one in federal court. The two state court venues for Actos bladder cancer lawsuits are Cook County, Illinois, and Los Angeles County, California. For Actos bladder cancer lawsuits filed in federal court, a multi-district litigation ("MDL") has been created, which means that all federal lawsuits will be transferred to the United States District Court for the Western District of Louisiana.
If you or a loved one developed bladder cancer after using Actos, the best place for your lawsuit to be filed will depend on a number of factors, including your state of residency. Because the litigation has just started, it is not clear which court will be best for your Actos bladder cancer lawsuit. You may call the Actos attorneys at DeCarli Law for a free, no obligation telephone consultation to discuss your legal options. |
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| September 01, 2011 |
| California Actos Class Action? |
| Posted By DeCarli Law |
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There is No California Actos Class Action
Be Skeptical of An Attorney Who Says OtherwiseSome law firms claiming to represent people who have developed bladder cancer from Actos tell prospective clients they can take part in an Actos class action in California or elsewhere. Any lawyer that advocates this for bladder cancer from Actos likely has little or no experience with pharmaceutical litigation.
A Class Action is Not Appropriate for a Serious Injury Like Bladder CancerThere is no Actos class action because bladder cancer is an extremely serious injury and class actions are only for people with very small injuries.
A class action should only be used when an injury is so small that it is impractical for a person to retain his or her own lawyer. The theory is that a class action allows people to recover for their small injuries by joining them together in a "class," when they otherwise would not bother to seek legal relief on their own. Frequently this is the case when a large number of consumers were slightly overcharged for a product or service.
But someone who has developed bladder cancer after using Actos has been inflicted with an extremely serious injury that does justify his or her own lawsuit. Although Actos lawsuits may ultimately be consolidated in some jurisdictions for pretrial matters, and may be described as mass torts, this is different from a class action because each person must prove he or she has been diagnosed with bladder cancer after using Actos. Just having used Actos is not enough to support a lawsuit against Takeda Pharmaceuticals, the manufacturer of Actos.
In short, a class action would never be appropriate for as serious an injury as bladder cancer. View a lawyer talking about using a class action for Actos as a red flag. It likely means he or she has no familiarity with pharmaceutical litigation.
California Actos Lawyers at DeCarli LawThe California Actos attorneys at DeCarli Law are actively investigating cases where people have developed bladder cancer after using Actos. Residents of California and adjacent states may have the option of having an Actos lawsuit filed in California state court, a more favorable venue than federal court or many courts in other states. For that reason, contact DeCarli Law first to discuss your potential Actos lawsuit. You can speak with an attorney at no charge, and you are under no obligation to move forward. Call toll free or use the contact form on this page to schedule a free, no obligation consultation, that is completely confidential.
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| August 29, 2011 |
| Wyoming Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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 A Wyoming 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 that you developed bladder cancer as a result of using Actos, Wyoming law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Wyoming Actos Bladder Cancer LawsuitsWyoming law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations, and their length depends on the type of legal theory that applies to the case.
As a product liability claim, an Actos lawsuit under Wyoming law typically would be based on theories of negligence and strict liability. For these causes of action, the Wyoming statute of limitations is four years after the cause of action accrues. The statute of limitations begins to run "when the plaintiff knows or has reason to know the existence of the cause of action."
PLEASE NOTE: Exactly when the statute of limitations is triggered for a man's Actos claim under Wyoming law will depend on the specific facts his case, including the medical records documenting his injuries.
DeCarli Law Actos AttorneysIf you or a loved 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 free, no-obligation telephone consultation. We assist clients throughout the United States and 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.
Relevant Wyoming Statute:
Wyo. Stat. § 1-3-105(a)(iv)(C).
TITLE 1 - CODE OF CIVIL PROCEDURE
CHAPTER 3 - LIMITATION OF ACTIONS
1-3-105. Actions other than recovery of real property.
(a) Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues:
* * *
(iv) Within four (4) years, an action for:
* * *
(C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; . . . .
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| August 29, 2011 |
| Wisconsin Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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 A Wisconsin 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 that you developed bladder cancer as a result of using Actos, Wisconsin law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE on
Actos and Bladder Cancer
Deadlines for Wisconsin Actos Bladder Cancer LawsuitsWisconsin law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations. Under Wisconsin law, causes of action for personal injury must be brought within three years after the cause of action accrues.
Wisconsin uses the "discovery rule" to determine when a cause of action accrues. Under the discovery rule, a claim accrues on the date the injury is discovered, or with reasonable diligence should have been discovered. This means that to be safe, a claim should be filed within three years of a diagnosis of bladder cancer or urethral cancer after long-term use of Actos.
PLEASE NOTE: Exactly when the statute of limitations is triggered for a man's Actos claim under Wisconsin law will depend on the specific facts his case, including the medical records documenting his injuries.
DeCarli Law Actos AttorneysIf you or a loved 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 free, no-obligation telephone consultation. We assist clients throughout the United States and 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.
Relevant Wisconsin Statute:
Wis. Stat. § 893.54.
893.54 Injury to the person. The following actions shall be commenced within 3 years or be barred:
(1) An action to recover damages for injuries to the person.
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| August 29, 2011 |
| Vermont Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A Vermont 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 that you developed bladder cancer as a result of using Actos, Vermont law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Vermont Actos Bladder Cancer LawsuitsVermont law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations, and their length depends on the type of legal theory that applies to the case.
A Vermont Actos lawsuit is brought as a product liability claim. Under Vermont law, when a product liability lawsuit is for an "injury to the person suffered by the act or default of another," the claim must be brought three years after the cause of action accrues. This limitation period applies to an Actos claim because bladder cancer and urethral cancer are injuries to the person. Importantly, "the cause of action shall be deemed to accrue as of the date of the discovery of the injury."
PLEASE NOTE: Exactly when the statute of limitations is triggered for a man's Actos claim under Vermont law will depend on the specific facts his case, including the medical records documenting his injuries.
DeCarli Law Actos AttorneysIf you or a loved 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 free, no-obligation telephone consultation. We assist clients throughout the United States and 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.
Relevant Vermont Statutes:
Vt. Stat. Ann. tit. 12, § 512(4) (2002).
Title 12: Court Procedure
Chapter 23: LIMITATION OF TIME FOR COMMENCEMENT OF ACTIONS
§ 512. Assault and battery; false imprisonment; slander and libel; injuries to person or property
Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after:
(1) Assault and battery;
(2) False imprisonment;
(3) Slander and libel;
(4) Except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury;
(5) Damage to personal property suffered by the act or default of another.
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| August 29, 2011 |
| South Carolina Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A South Carolina 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 that you developed bladder cancer as a result of using Actos, South Carolina law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for South Carolina Actos Bladder Cancer LawsuitsSouth Carolina law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations.
An Actos lawsuit is a personal injury claim. Under South Carolina law, the statute of limitations for personal injury claims is three years. South Carolina also recognizes the "discovery rule."
PLEASE NOTE: Exactly when the statute of limitations is triggered for a man's Actos claim under South Carolina law will depend on the specific facts his case, including the medical records documenting his injuries.
DeCarli Law Actos AttorneysIf you or a loved 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 free, no-obligation telephone consultation. We assist clients throughout the United States and 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 South Carolina Statutes:
South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
CHAPTER 3. LIMITATION OF CIVIL ACTIONS
ARTICLE 5. ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY
SECTION 15-3-510. General rule.
The periods for the commencement of actions other than for the recovery of real property shall be as prescribed in the following sections.
SECTION 15-3-530. Three years.
Within three years:
(1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520;
(2) an action upon a liability created by statute other than a penalty or forfeiture;
(3) an action for trespass upon or damage to real property;
(4) an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property;
(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545;
(6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought;
(7) any action for relief on the ground of fraud in cases which prior to the adoption of the Code of Civil Procedure in 1870 were solely cognizable by the court of chancery, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;
(8) an action on any policy of insurance, either fire or life, whereby any person or property, resident or situate in this State, may be or may have been insured, or for or on account of any loss arising under the policy, any clause, condition, or limitation contained in the policy to the contrary notwithstanding; and
(9) an action against directors or stockholders of a monied corporation or a banking association to recover a penalty or forfeiture imposed or to enforce a liability created by law, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached or the liability was created, unless otherwise provided in the law under which the corporation is organized.
SECTION 15-3-535. Limitation on actions commenced under Section 15-3-530(5).
Except as to actions initiated under Section 15-3-545, all actions initiated under Section 15-3-530(5) must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action.
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| August 28, 2011 |
| Rhode Island Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A Rhode Island 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 that you developed bladder cancer as a result of using Actos, Rhode Island law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Rhode Island Actos Bladder Cancer LawsuitsRhode Island law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations.
Under Rhode Island law, claims for personal injury based on strict liability, negligence, or breach of warranty, are subject to a three-year statute of limitations. Rhode Island courts also apply the "discovery rule" to pharmaceutical cases. Under the discovery rule, the statute of limitations does not begin to run until the injured person discovers or reasonably should have discovered the injury upon which the lawsuit is based. A claim made by a person who has developed bladder cancer or urethral cancer from Actos is considered a pharmaceutical case.
PLEASE NOTE: Exactly when the statute of limitations is triggered for a man's Actos claim under Rhode Island law will depend on the specific facts his case, including the medical records documenting his injuries.
DeCarli Law Actos AttorneysIf you or a loved 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 free, no-obligation telephone consultation. We assist clients throughout the United States and 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.
Relevant Rhode Island Statutes:
TITLE 9 Courts and Civil Procedure/Procedure Generally
CHAPTER 9-1 Causes of Action
§ 9-1-14 Limitation of actions for words spoken or personal injuries. - (a) Actions for words spoken shall be commenced and sued within one year next after the words spoken, and not after.
(b) Actions for injuries to the person shall be commenced and sued within three (3) years next after the cause of action shall accrue, and not after, except as provided for otherwise in subsection (c) herein.
(c) As to an action for personal injuries wherein an injured party is entitled to proceed against an insurer pursuant to § 27-7-2, where an action is otherwise properly filed against an insured within the time limitations provided for by this section, and process against the insured tortfeasor has been returned "non estinventus" and filed with the court, then the statutory limitation for filing an action under § 27-7-2 directly against an insurer shall be extended an additional one hundred twenty (120) days after the expiration of the time limitation provided for in subsection (b) herein.
§ 9-1-14.1 Limitation on malpractice actions. - Notwithstanding the provisions of §§ 9-1-13 and 9-1-14, an action for medical, veterinarian, accounting, or insurance or real estate agent or broker malpractice shall be commenced within three (3) years from the time of the occurrence of the incident which gave rise to the action; provided, however, that:
(1) One who is under disability by reason of age, mental incompetence, or otherwise, and on whose behalf no action is brought within the period of three (3) years from the time of the occurrence of the incident, shall bring the action within three (3) years from the removal of the disability.
(2) In respect to those injuries or damages due to acts of medical, veterinarian, accounting, or insurance or real estate agent or broker malpractice which could not in the exercise of reasonable diligence be discoverable at the time of the occurrence of the incident which gave rise to the action, suit shall be commenced within three (3) years of the time that the act or acts of the malpractice should, in the exercise of reasonable diligence, have been discovered.
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| August 28, 2011 |
| Pennsylvania Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
|
 A Pennsylvania 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 that you developed bladder cancer as a result of using Actos, Pennsylvania law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Pennsylvania Actos Bladder Cancer LawsuitsPennsylvania law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations, and their length depends on the type of legal theory that applies to the case.
A Pennsylvania Actos claim is brought as a product liability lawsuit. Pennsylvania product liability lawsuits commonly include causes of action for strict liability, negligence and breach of warranty. As a claim for personal injury, a Pennsylvania Actos claim must be brought within two years of the injury. However, Pennsylvania also recognizes the discovery rule.
PLEASE NOTE: Exactly when the statute of limitations is triggered for a man's Actos claim under Pennsylvania law will depend on the specific facts his case, including the medical records documenting his injuries.
DeCarli Law Actos Attorneys
If you or a loved 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 free, no-obligation telephone consultation. We assist clients throughout the United States and 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.
Relevant Pennsylvania Statute, 42 Pa. Cons. Stat. Ann. § 5524:
§ 5524. Two year limitation.
The following actions and proceedings must be commenced within two years:
(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.
(4) An action for waste or trespass of real property.
(5) An action upon a statute for a civil penalty or forfeiture.
(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.
(8) (Deleted by amendment).
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| August 28, 2011 |
| New Hampshire Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A New Hampshire 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 that you developed bladder cancer as a result of using Actos, New Hampshire law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE on
Actos and Bladder Cancer
Deadlines for New Hampshire Actos Bladder Cancer LawsuitsNew Hampshire law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations, and their length depends on the type of legal theory that applies to the case.
A New Hampshire Actos lawsuit is brought as a product liability claim because Actos's manufacturer, Takeda Pharmaceuticals, provided an inadequate warning of the risk of bladder cancer and urethral cancer. People who have developed bladder cancer or urethral cancer after using Actos for a prolonged period of time may file a product liability lawsuit that alleges negligence, strict tort liability, and breach of warranty.
Under New Hampshire law, the statute of limitations for negligence and strict liability in tort is three years. By way of comparison, in most other states, the statute of limitations is only two years. A claim based on breach of warranty must be brought within four years from the date of the sale of the defective product, in this case Actos. New Hampshire courts apply the discovery rule to determine when the statute of limitations began to run
PLEASE NOTE: Exactly when the statute of limitations is triggered for a man's Actos claim under New Hampshire law will depend on the specific facts his case, including the medical records documenting his injuries.
DeCarli Law Actos AttorneysIf you or a loved 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 free, no-obligation telephone consultation. We assist clients throughout the United States and 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.
Relevant New Hampshire Statute:
N.H. Rev. Stat. Ann. § 508:4(I) (1997).
TITLE LII
ACTIONS, PROCESS, AND SERVICE OF PROCESS
CHAPTER 508
LIMITATION OF ACTIONS
508:4 Personal Actions. -
I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
II. Personal actions for slander or libel, unless otherwise provided by law, may be brought only within 3 years of the time the cause of action accrued.
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| August 27, 2011 |
| Montana Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A Montana 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 that you developed bladder cancer as a result of using Actos, Montana law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Montana Actos Bladder Cancer LawsuitsMontana law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations. The statute of limitations for personal injury claims in Montana is three years.
Montana law also recognizes the discovery doctrine, which means the statute of limitations does not begin to run until a person has discovered the facts constituting his claim. How this doctrine applies to an individual case can be a complicated legal issue, so Montana men who suspect they have developed bladder cancer or urethral cancer from Actos should not delay in consulting with an attorney regarding a potential claim.
DeCarli Law Actos AttorneysIf you or a loved 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 free, no-obligation telephone consultation. We assist clients throughout the United States and 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.
Relevant Montana Statutes:
Montana Code Annotated 2009
Title 27. Civil Liability, Remedies, and Limitations
Chapter 2. Statutes of Limitations
Part 1. General Provisions
27-2-102. When action commenced. (1) For the purposes of statutes relating to the time within which an action must be commenced:
(a) a claim or cause of action accrues when all elements of the claim or cause exist or have occurred, the right to maintain an action on the claim or cause is complete, and a court or other agency is authorized to accept jurisdiction of the action;
(b) an action is commenced when the complaint is filed.
(2) Unless otherwise provided by statute, the period of limitation begins when the claim or cause of action accrues. Lack of knowledge of the claim or cause of action, or of its accrual, by the party to whom it has accrued does not postpone the beginning of the period of limitation.
(3) The period of limitation does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the injured party if:
(a) the facts constituting the claim are by their nature concealed or self-concealing; or
(b) before, during, or after the act causing the injury, the defendant has taken action which prevents the injured party from discovering the injury or its cause.
(4) Subsection (3) does not apply to actions involving the limitations contained in 27-2-205.
Part 2. Time Limits on Specific Kinds of Actions
27-2-204. Tort actions -- general and personal injury. (1) Except as provided in 27-2-216 [childhood sexual abuse] and 27-2-217 [ritual abuse of minor], the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.
(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.
(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.
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| August 27, 2011 |
| Minnesota Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A Minnesota 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 that you developed bladder cancer as a result of using Actos, Minnesota law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE on
Actos and Bladder Cancer
Deadlines for Minnesota Actos Bladder Cancer LawsuitsMinnesota law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations. Minnesota residents are fortunate because the Minnesota statutes of limitations that apply to Actos lawsuits are significantly longer than those of most other states. However, Minnesota law does not delay commencement of the running of the limitations period when the person is unaware of their claim.
A Minnesota Actos lawsuit is brought as a product liability claim because, having failed to come with an adequate warning of the risks of bladder cancer and urethral cancer, Actos is a defective product. Minnesota product liability lawsuits can be brought under the following legal theories: strict liability, negligence, and breach of warranty.
Under Minnesota law, the statute of limitations for a negligence claim resulting in personal injury is six years from when the cause of action accrues. A strict liability claim and a breach-of-warranty claim both have a four-year statute of limitations in Minnesota. A wrongful death claim has a three-year statute of limitations.
The statute of limitations in Minnesota begins to run when a person sustains just "some" damages. This means that the deadline for filing a lawsuit can begin running even if a person is not aware of their damages or even that they have a claim. Thus, Minnesota residents should never delay seeking legal counsel if they believe they have been injured.
PLEASE NOTE: When the applicable Minnesota statutes of limitations begin to run for an individual's right to bring a claim for Actos side effects varies depending on the unique facts of that person's case.
DeCarli Law Actos AttorneysIf you or a loved developed bladder cancer or urethral 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 free, no-obligation telephone consultation. We assist clients throughout the United States and 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.
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| August 27, 2011 |
| Maryland Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A Maryland 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 that you developed bladder cancer as a result of using Actos, Maryland law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Maryland Actos Bladder Cancer Lawsuits Maryland law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations. Because a Maryland Actos lawsuit is bought as a products liability claim, it is subject to a three-year statute of limitations. Maryland also recognizes the "discovery rule." This means that the statute of limitations begins running once a plaintiff knows or should know he or she has been wronged.
A Maryland Actos lawsuit is brought as a product liability claim because Actos had an inadequate warning of the greatly increased risk of bladder cancer after prolonged use. Maryland product liability lawsuits usually include claims for negligence, breach of warranty, and strict liability.
Please note: exactly when a cause of action accrues under Maryland 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 Attorneys If you or a loved 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 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 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.
Relevant Maryland Statute:
Md. Code Ann., Cts. Jud. Proc. § 5-101. Three-year limitation in general.
A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.
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| August 26, 2011 |
| Maine Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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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.
More HERE on
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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| August 26, 2011 |
| Arkansas Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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An Arkansas 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 that you developed bladder cancer as a result of using Actos, Arkansas law allows you to sue, Takeda Pharmaceuticals, the manufacturer of Actos.
More HERE on
Actos and Bladder Cancer
Deadlines for Arkansas Actos Bladder Cancer LawsuitsArkansas law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations.
Under Arkansas law, the statute of limitations for negligence and strict liability actions is three years, which means that a lawsuit must be filed within three years after any injury or death caused by a defective product. By way of comparison, in most other states, the statute of limitations is only two years. Arkansas also applies the "discovery rule" to product liability claims, which means the statute of limitations does not begin to run until a person knows or by exercise of reasonable diligence should have discovered the causal connection between bladder cancer and Actos.
Please note: exactly when a cause of action accrues under Arkansas 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 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.
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| August 26, 2011 |
| Ohio Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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An Ohio 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, Ohio law permits lawsuits against the manufacturer of Actos.
More HERE
on
Actos and Bladder Cancer
Deadlines for Ohio Actos Bladder Cancer LawsuitsOhio, like other states, sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations.
An Ohio Actos bladder cancer lawsuit is subject to a two-year statute of limitations. Also, a legal doctrine called the discovery rule applies because the claim is for an injury caused by a drug. The two-year statute of limitations begins to run when the plaintiff is informed by competent medical authority, or when he should have known, that the injury s related to the drug, in this case Actos.
Please note: exactly when a cause of action accrues under Ohio 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, in particular the contents of their medical records.
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 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 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.
Relevant Ohio Statutes, Ohio Rev. Code § 2305.10(A) & (B):
2305.10 Bodily injury or injury to personal property.
(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.
(B)(1) For purposes of division (A) of this section, a cause of action for bodily injury that is not described in division (B)(2), (3), (4), or (5) of this section and that is caused by exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical devices accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.
(2) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to chromium in any of its chemical forms accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.
(3) For purposes of division (A) of this section, a cause of action for bodily injury incurred by a veteran through exposure to chemical defoliants or herbicides or other causative agents, including agent orange, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.
(4) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens, including exposure before birth, accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.
(5) For purposes of division (A) of this section, a cause of action for bodily injury caused by exposure to asbestos accrues upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.
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| August 25, 2011 |
| Massachusetts Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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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.
More HERE
on
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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| August 25, 2011 |
| New Mexico Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A New Mexico Actos bladder cancer lawsuit allows a person who has developed bladder cancer after using Actos to recover money damages for their injury. 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, New Mexico law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for New Mexico Actos Bladder Cancer LawsuitsNew Mexico law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations. The primary statute of limitations for a New Mexico Actos bladder cancer lawsuit is three years, and governs personal injury claims for negligence and strict liability. New Mexico also applies the "discovery rule," which means the statute of limitations begins to run only when a person knows, or by exercise of reasonable diligence should have discovered, both that the person has been injured and the cause of the injury.
Please note: exactly when a cause of action accrues under New Mexico 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 free, no-obligation telephone consultation. We 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.
Relevant New Mexico Statutes:
N.M. Stat. Ann. 1978, § 37-1-8 (1976).
37-1-8. Actions against sureties on fiduciary bonds; injuries to person or reputation.
Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.
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| August 25, 2011 |
| Utah Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A Utah Actos bladder cancer lawsuit allows a person who has developed bladder cancer after using Actos to recover money damages for their injury. 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, Utah law allows you to sue the manufacturer of the drug, which in this case is Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Utah Actos Bladder Cancer LawsuitsUtah law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations. A Utah Actos lawsuit is considered a product liability claim.
All claims under the Utah Product Liability Act, including those for personal injury, must be brought within two years of the time the claimant discovered or should have discovered both the harm and the cause. The running of the statute of limitations is tolled until the plaintiff discovers, or in the exercise of due diligence should have discovered: (1) that he was injured; (2) that the product has a causal relationship to the plaintiff's injury, and (3) the identity of the manufacturer.
Please note: exactly when a cause of action accrues under Utah, and therefore the deadline for filing an Actos lawsuit, varies based on the specific facts of each person's case.
Utah Actos LawyersIf 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 lawyers at DeCarli Law for a free, no-obligation telephone consultation. 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 Utah Statute:
Utah Code Ann. § 78B-6-706. Statute of limitations.
A civil action under this part shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause.
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| August 24, 2011 |
| Illinois Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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 An Illinois 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 that you developed bladder cancer as a result of using Actos, Illinois law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Illinois Actos Bladder Cancer LawsuitsIllinois law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations, and depend on the type of claim that is being made.
An Illinois Actos bladder cancer lawsuit is a personal injury claim, and generally must be brought within two years of its accrual. The limitations period starts to run when the plaintiff knows, or reasonably should know, (1) that he has suffered an injury, and (2) that the injury was wrongfully caused.
Please note: exactly when a cause of action accrues under Illinois 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 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.
Relevant Illinois Statute, 735 ILCS 5/13‑202:
Sec. 13‑202. Personal injury ‑ Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2‑year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.
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| August 24, 2011 |
| Oregon Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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 An Oregon Actos bladder cancer lawsuit is a legal remedy for a person who has developed bladder cancer after using 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, Oregon law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE on
Actos and Bladder Cancer
Deadlines for Oregon Actos Bladder Cancer LawsuitsOregon, like other states, sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations. An Oregon Actos lawsuit is considered a product liability claim, and as such, must be filed no later than two years from the date the injury or damage is first discovered or should have been discovered, whichever comes first.
Please note: exactly when a cause of action accrues under Oregon 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 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.
Relevant Oregon Statute, Or. Rev. Stat. § 30.905:
30.905 Time limitation for commencement of action. (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.
(2) A product liability civil action for personal injury or property damage must be commenced before the later of:
(a) Ten years after the date on which the product was first purchased for use or consumption; or
(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.
(3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.
(4) A product liability civil action for death must be commenced before the earlier of:
(a) Three years after the death of the decedent;
(b) Ten years after the date on which the product was first purchased for use or consumption; or
(c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.
(5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135.
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| August 24, 2011 |
| Washington Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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A Washington 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 that you developed bladder cancer as a result of using Actos, Washington law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Washington Actos Bladder Cancer LawsuitsWashington law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations. A Washington Actos lawsuit has a three-year statute of limitations. A Washington Actos lawsuit is brought under the Washington Product Liability Act (WPLA). A Washington Actos claim is considered a "product liability claim" under the WPLA, which encompasses common law theories such as negligence, strict liability in tort, and breach of warranty.
Under the WPLA, the statute of limitations for a Washington product liability claim begin to run from the time the claimant discovers "the harm and its cause." The three-year period begins running when a person "discovered, or . . . should have discovered, a factual causal relationship of the product to the harm." This three-year period is a bit longer than the statutes of limitations that apply to Actos bladder cancer claims in other states, many of which are only two years.
PLEASE NOTE: Exactly when the statute of limitations is triggered for an Actos claim under Washington law will depend 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 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 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.
Relevant Washington Statute:
Revised Code of Washington
Title 4
Civil procedure
Chapter 4.16
Limitation of actions
RCW 4.16.080 Actions limited to three years.
The following actions shall be commenced within three years:
(1) An action for waste or trespass upon real property;
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;
(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;
(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;
(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;
(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.
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| August 23, 2011 |
| Arizona Actos Bladder Cancer Lawsuits |
| Posted By DeCarli Law |
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An Arizona 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 that you developed bladder cancer as a result of using Actos, Arizona law allows you to sue its manufacturer, Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for Arizona Actos Bladder Cancer LawsuitsArizona law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations.
An Arizona Actos lawsuit is a product liability claim. The Arizona statute of limitations governing product liability claims is relatively short: an Actos claim in Arizona must be brought within two years after the cause of action "accrues." A cause of action in Arizona "accrues" on the date a person discovers their injury, or on the date that they would have discovered their injury if they had exercised "reasonable diligence."
Please note: exactly when a cause of action accrues under Arizona 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 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 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 Arizona Statutes:
Ariz. Rev. Stat. Ann. § 12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation.
Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:
1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.
2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.
3. For trespass for injury done to the estate or the property of another.
4. For taking or carrying away the goods and chattels of another.
5. For detaining the personal property of another and for converting such property to one's own use.
6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.
Ariz. Rev. Stat. Ann. § 12-551. Product liability.
A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.
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| August 23, 2011 |
| California Actos Bladder Cancer Lawsuit |
| Posted By DeCarli Law |
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A California 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 that you developed bladder cancer as a result of using Actos, California law allows you to sue the manufacturer of the drug, which in this case is Takeda Pharmaceuticals.
More HERE
on
Actos and Bladder Cancer
Deadlines for California Actos Bladder Cancer LawsuitsCalifornia law sets deadlines for when lawsuits must be filed. These deadlines are called statutes of limitations. The statute of limitations for product liability claims in California is relatively short: two years. This means a California Actos lawsuit must be filed within two years after the cause of action "accrues." However, California also recognizes the "discovery rule." This means a cause of action accrues when a plaintiff has knowledge of the injury, and knowledge of facts creating, or which in a reasonable person would create, a suspicion of wrongdoing on the part of someone, even if the plaintiff is unable to identify the wrongdoer.
Please note: exactly when a cause of action accrues under California law, and therefore the deadline for filing an Actos lawsuit, varies based on the specific facts of each person's case.
California Actos LawyersIf 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 California Actos lawyers at DeCarli Law for a free, no-obligation telephone consultation. Our main office is in San Francisco, but we assist clients throughout California and the United States. 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 California Statutes:
California Code of Civil Procedure Section 335
The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:
California Code of Civil Procedure Section 335.1
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
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| August 19, 2011 |
| Actoplus Met Bladder Cancer Risk |
| Posted By DeCarli Law |
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The FDA has warned that long-term use of the diabetes drug Actoplus Met and its extended release form, Actoplus Met XR, comes with an increased risk of bladder cancer. Although most of the coverage in the news and on the internet has focused on Actos, the FDA has also warned that the use of Actoplus Met and Actoplus Met XR increases the risk of bladder cancer.
Actoplus Met and Actoplus Met XR are the brand names for tablets that combine Actos (pioglitazone) with the more common diabetes drug, metformin hydrocholride. Actoplus Met was approved for sale in the United States in 2005. Actoplus Met XR was approved in 2009. Like
Actos, Actoplus Met and Actoplus Met XR are manufactured by a Japanese pharmaceutical company, Takeda Pharmaceuticals. Also like
Actos, studies have shown that long-term use of Actoplus Met and its extended release form increase the risk of developing bladder cancer.
If you or a loved one developed bladder cancer after using Actoplus Met or Actoplus Met XR for more than one year, there is a possibility the cancer was caused by Actoplus Met or Actoplus Met XR. Because Takeda Pharmaceuticals did not warn that using these drugs might cause bladder cancer, Takeda Pharmaceuticals may be legally liable for the injury.
Learn more about the risks of Actoplus Met and Actoplus Met XR HERE.
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| August 18, 2011 |
| Duetact Bladder Cancer Side Effect |
| Posted By DeCarli Law |
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The FDA has warned that long-term use of the diabetes drug Duetact comes with an increased risk of bladder cancer. Although most of the coverage in the news and on the internet has focused on Actos, Duetact has the same bladder cancer side effect potential, and was included in the FDA's warning.
Duetact is the brand name for Actos (pioglitazone) when combined with another diabetes drug called glimepiride. Duetact was approved for sale in the United States in 2006. Like
Actos, Duetact is manufactured by a Japanese company called Takeda Pharmaceuticals. Also like
Actos, studies have shown that long-term use of Duetact increases the risk of developing bladder cancer.
If you or a loved one developed bladder cancer after using Duetact for more than one year, there is a possibility that Duetact was the cause. Because Duetact contained no warning that using it might cause bladder cancer, Takeda Pharmaceuticals may be legally liable for the injury.
Learn more about the risks of Duetact and Actos HERE.
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| August 09, 2011 |
| FDA: Actos Must Warn of Bladder Cancer Risk |
| Posted By DeCarli Law |
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The U.S. Food and Drug Administration (FDA) now requires diabetes drug Actos, generic name pioglitazone, to warn that using it can cause bladder cancer. Unfortunately, the FDA declined to go as far as several European countries that have outright banned
Actos.
On August 4, 2011, the FDA announced drugs containing pioglitazone, such as Actos, will have new labels warning that the use of pioglitazone for more than one year is associated with an increased risk of bladder cancer.
The updated drug labels recommend that healthcare professionals should:
- Not use pioglitazone in patients with active bladder cancer.
- Use pioglitazone with caution in patients with a prior history of bladder cancer.
Further, the label recommends that patients:
- Contact their healthcare professional if they experience any sign of blood in the urine or a red color in the urine or other symptoms such as new or worsening urinary urgency or pain on urination since starting pioglitazone, as these may be due to bladder cancer.
This new warning label falls short of the actions taken by European countries to protect their citizens from developing bladder cancer from
Actos. First
France, then
Germany, banned Actos because of the heightened risk for bladder cancer.
If you are taking Actos, and notice blood in your urine, worsening urges to urinate, or pain while urinating, contact your doctor immediately. These could be signs of bladder cancer. Other drugs containing
Actos include Actoplus Met, Actoplus Met XR and Duetact.
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| July 25, 2011 |
| Germany Halts Actos Sales for Bladder Cancer Risk |
| Posted By DeCarli Law |
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Germany has followed the lead of France and suspended the sale of diabetes drug Actos (generic name pioglitazone) because of its link to bladder cancer. The German regulatory agency warned that doctors should not put new patients on
Actos.
Germany's Federal Institute for Drugs and Medical Devices (BfArM) made its decision after receiving results of a study by France's national health insurance body, which tracked patients on diabetes drugs between 2006 and 2009. The French study found that long-term use of Actos increases the risk of bladder cancer.
The European Medicines Agency, based in London, initiated a review of the safety of Actos in March. The agency's experts are now discussing the latest safety data on
Actos at a meeting that began on June 20, 2011. Regulators in Britain and Denmark are awaiting the results of the European Medicines Agency meeting before taking action in their countries.
The U.S. Food and Drug Administration has not yet removed Actos from the market in the United States, despite actions by its European counterparts. The FDA has only released a safety announcement regarding the link between bladder cancer and
Actos.
Patients in the U.S. concerned about the risk of bladder cancer from Actos should consult their physicians regarding alternative treatments. Other drugs containing
Actos include Actoplus Met, Actoplus Met XR and Duetact.
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| July 22, 2011 |
| Actos Bladder Cancer Risk Brings France Ban |
| Posted By DeCarli Law |
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The French Health Products Safety Agency (AFSSAPS) has now banned the sale of the diabetes drug Actos in France because of an increased risk of bladder cancer. Although the ban became effective on July 11, 2011, the agency had given advance notice of the ban on June 6, 2011, so patients taking the drug could consult their physicians regarding alternative treatments.
The French agency took this action based on a study linking Actos use to increased incidents of bladder cancer. The study compared 155,000 patients in France taking the generic version of
Actos, with 1.3 million diabetics who were not using the drug. The study found that receiving a cumulative dose of 28,000 mg or more of
Actos resulted in an increased risk of bladder cancer.
Despite recognition of the link between Actos and bladder cancer,
Actos remains on the market in the United States. The U.S. Food and Drug Administration released a
safety announcement earlier this month regarding the link, but the FDA has not taken any substantive action to restrict the sale of
Actos in the U.S. or remove it from the market.
Patients in the U.S. concerned about the risk of bladder cancer from Actos should consult their physicians regarding alternative treatments. Other drugs containing
Actos include Actoplus Met, Actoplus Met XR and Duetact.
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| June 16, 2011 |
| Diabetes Drug Actos Increases Risk of Bladder Cancer After Long-Term Use |
| Posted By DeCarli Law |
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The FDA announced yesterday that use of the diabetes medication Actos (generic name pioglitazone) for more than one year may be associated with an increased risk of bladder cancer. The warning label for drugs containing pioglitazone will be updated to disclose this risk, and the patient Medication Guide for these medicines will also be revised to include information on the risk of bladder cancer. Other drugs containing
Actos include Actoplus Met, Actoplus Met XR and Duetact.
The new warnings are based on the FDA's five-year interim review of the results of an ongoing ten-year epidemiological study. The interim results showed that although there was no overall increased risk of bladder cancer with pioglitazone use, an increased risk of bladder cancer was noted among patients with the longest exposure to pioglitazone, and in those exposed to the highest cumulative dose of pioglitazone.
Go HERE
to read the complete announcement from the FDA.
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