What is the Statute of Limitations or Deadline for Filing an Actos Lawsuit?
Thousands of individuals who developed bladder cancer or other injuries after using Actos pursued financial compensation through a product liability lawsuit as a result of the manufacturer’s failure to adequately research the diabetes drug or warn about the risks associated with side effects of Actos.
Like every legal claim, each Actos lawsuit does have a deadline, known as a statute of limitations, which requires that a complaint be filed within a certain amount of time.
Determining when the statute of limitations expires in each Actos case depends on the circumstances surrounding the use of the drug, potentially including when the injury was diagnosed, when a connection between the injury and Actos could have reasonably been made, as well as an evaluation of the state law that applies.
While each state has their own deadlines or limitations period, most states require that a case be filed within either two or three years after the cause of action arose or when the individual knew or should have known that their diagnosis of bladder cancer may have been caused by the use of Actos.
Takeda Pharmaceuticals argued that that the limits period started running by June 2011 for individuals who were diagnosed with bladder cancer prior to that date. However, it is possible that earlier information about the connection between Actos and bladder cancer may have triggered the start of the limitations period.
The FDA first announced that they were reviewing the potential risk of bladder cancer from Actos side effects in September 2010, after interim data from an on-going 10 year study found an increased incidence of tumors among individuals using the medication.
On June 15, 2011, the FDA issued a drug safety communication that advised the public and medical community that new Actos bladder cancer warnings were being added to the drug label, which suggested that use of the medication for more than one year may increase the risk of problems. Takeda Pharmaceuticals may argue that this notification would reasonably be expected to cause individuals to know or suspect that their bladder cancer diagnosis may have been caused by Actos.
The warning about the link between Actos and bladder cancer was further strengthened in December 2016, which was the first true understanding about the nature of the risk for many consumers and doctors.
In addition, since many individuals were not diagnosed with bladder cancer until after the warning label was updated, determining the statute of limitations in each claim requires a case-by-case analysis.