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Legal Complexities of an Actos Lawsuit

By: D. Spence

Date Added : September 23, 2011 Views : 657
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The manufacturers of Actos, the leading drug in diabetes treatment recently conducted a study on the effects of this drug. Results indicate that generally the drug is safe. However, there were cases of Actos bladder cancer in users who had used high doses. On the other hand, analysis of this study shows that those who had used the drug for a long time were highly susceptible to Actos bladder cancer. This has sparked an outrage among citizens in America. It is expected that hundreds will come to file an Actos lawsuit that could help pay for medical bills and lost wages for users of this drug.

Immediately this was discovered, the manufacturers and health authorities alerted the public about the potential for serious side effects for patients using the medication for a long period of time. The masses had to be notified about the side effects of the drug. As a step towards facing a major Actos lawsuit, the company incorporated this information as a warning label on the product. Doctors were asked to be more vigilant before prescribing the drug. If the patient has a history of cancer, then Actos is not to be prescribed. This is quite in order and signals a step in the right direction. A lawsuit of any magnitude can be a big blow to this top ranked drug.

Cases of negligence against manufacturers are usually controversial. An Actos lawsuit will be no exception. In a suit like the one for Actos bladder cancer, the attorneys must prove that the manufacturer owed the patient a standard duty of care. This is established by the court putting itself in the patient’s shoes to determine what a consumer expects from a product. In this case, the manufacturers ought to have exercised every possible caution in giving patients a drug that is free from harmful side effects. The Actos lawsuit attorneys must also make the judging panel see that the company ought to have carried out intensive research before releasing the product.

Due to the complexities in the medical field, cases like the one of Actos bladder cancer need an expert to give a testimony. Lawyers are respected learned professionals. For an Actos lawsuit to be successful, the litigation aspect must incorporate highly qualified doctors and researchers in medicine. Both teams must present testimonies before a jury showing acts of negligence or omission. Interestingly, members of the jury need not be professionals in the medical field. The point here is that expert testimony is what the court relies on in a lawsuit such as an Actos bladder cancer lawsuit.

An Actos bladder cancer case, if successful, will see the complainant being awarded damages. A lawsuit similar to an Actos lawsuit may have damages such as; recovery of costs of treatment and cancer care such as chemotherapy, loss of income as a result of leaving active employment and the pain and suffering caused by Actos bladder cancer. The manufacturer can also be ordered to cease manufacture of the product in extreme cases. It is after the compensation has been awarded that legal practitioners will seek to recover their legal fees.

Daniel Spence is the author of this article on Actos Bladder Cancer. Find more information On Actos Lawsuit here.

Article Source: Legal Complexities of an Actos Lawsuit

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