The Miller Firm is currently in its second week of trial in Philadelphia, Kristufek v. Takeda. This case is the 6th Actos case the Miller Firm has taken to trial. The trial is expected to last roughly four weeks. During the first half of the trial the Plaintiff is putting on its case in chief including multiple experts that link the causal association of Actos and bladder cancer.
This week we called Dr. Shandra Wilson, a University of Colorado bladder cancer specialist and oncologist to the stand. She testified on both general and case specific causation, meaning that she supported that Actos generally causes bladder cancer and that specifically Actos caused Mr. Kristufek’s bladder cancer. In her review, she relied on a host of medical studies and pretty much every medical record we could find for Mr. Kristufek since birth. As has been the case with the vast majority of Actos trials, Mr. Kristufek’s smoking history was emphasized by Defense but Dr. Wilson maintained even in light of his smoking history Actos was a substantial factor in the onset of Mr. Kristufek’s cancer. Dr. Wilson did an extremely detailed assessment called a differential diagnosis that reviewed all possible sources of cancer in Mr. Kristufek and maintained that with a medical certainty Actos was a substantial causative factor.
Besides Dr. Wilson, the Miller Firm will also be relying upon roughly 3 other expert witnesses, Mr. Kristufek’s treating physicians, and numerous testimony of Takeda employees related to their knowledge surrounding the risk of bladder cancer from Actos. We will continue to keep you updated and let you know of any major events throughout the trial.