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Torts Keyed to Goldberg
Cooper v. Takeda Pharmaceuticals America, Inc.
Citation:
239 Cal. App. 4th 555 (2015)Facts
Jack Cooper was prescribed Actos® in 2006 to treat his type 2 diabetes and took it continuously until his bladder cancer diagnosis in November 2011. Cooper was a retired construction supervisor who had a history of light smoking, which he had quit either in 1974 (according to his testimony) or in the 1990s (according to some medical records). Cooper’s expert, Dr. Norm Smith, a urologic oncologist specializing in bladder cancer, performed a differential diagnosis and concluded that Actos® was the most substantial factor in causing Cooper’s bladder cancer. Dr. Smith based his opinion on his review of Cooper’s medical records, epidemiological studies showing increased risk of bladder cancer with Actos® use (particularly with long-term use), and his consideration of other potential causes. The trial court initially allowed Dr. Smith’s testimony but later struck it as speculative and lacking foundation, finding that he had not adequately ruled out other potential causes of Cooper’s bladder cancer.
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