Takeda, the manufacturer of Actos, has agreed to pay $nearly $2.4 billion to settle bladder cancer claims brought by users:
- who took Actos at some time prior to December 1, 2011,
- who were diagnosed with bladder cancer on or before April 28, 2015, and
- who retained counsel before May 1, 2015. Under the terms of the settlement, approximately $2.4 billion will be distributed to approximately 10,600 Actos qualifying users, for average award of $225,000.
The exact amount of any individual settlement award will be determined through an agreed-upon points matrix by which a number of points will be assigned to each individual claimant based on the level of injury. The point total will then be adjusted up or down based on various factors, such as length of Actos use, smoking history, and prior history of bladder cancer.
The five levels of injury include 1) a single occurrence of low grade bladder cancer; 2) recurrence of bladder cancer or occurrence of high grade or T1 bladder cancer; 3) occurrence of T2 bladder cancer or treatment for any bladder cancer by radiation or oral or intravenous chemotherapy; 4) occurrence of T3 bladder cancer or partial or radical cystectomy or nephrectomy to treat bladder cancer; and 5) occurrence of T4 bladder cancer or death from bladder cancer.
If you meet the criteria above, you should be receiving more information from your attorney. Please note that Individuals who wish to participate in the settlement must opt-in to the resolution program by July 13, 2015, and then submit a claim package (by a date to be determined) including documentation substantiating the injury and factors accounted for in the points matrix. A Claims Administrator will then determine points each participant, and calculate the dollar value of each point to determine individual settlement awards.