The previously noted Actos bladder cancer verdict has now been set aside, as described in a new blog post from the Drug & Device blog. The ruling is based on barring some of the plaintiff’s expert testimony as not backed by enough science. So, the litigation dance will continue. It’s always interesting to watch the ebb and flow of trial outcomes as new litigation claims emerge. Back in the day, the verdict outcomes went back and forth in the first few asbestos-in-buildings trials.
At the same time, one also can watch the ebb and flow of claims about which types of litigation will be big and will not be big. Back in the day, some said that asbestos-in-buildings litigation would dwarf the personal injury litigation. That prediction was almost as bad as the prediction that not more than 100,000 total claims that would be submitted to the Manville Trust. Manville currently has received over 900,000 claims.