Witness Reportedly Lied Under Oath in Actos Personal Injury Bellwether Trial
According to plaintiffs in the latest Actos bellwether trial, a former employee of Eli Lilly & Co, the US distributors of Takeda Pharmaceutical’s blockbuster Type 2 diabetes drug, Actos, lied while giving expert testimony in the first federal bellwether case.
Plaintiffs Terrence and Susan Allen allege that Ronald Hoven, the former senior director of global marketing for Eli Lilly, “expressed a stunning lack of knowledge” about the company’s marketing practices surrounding Actos. In response, the couple seeks default judgment against the US pharmaceutical distributor for disobeying the court’s authority during the trial, which began on February 3rd of this year.
“This is not an example of someone simply being difficult. It is an unmistakable and irreconcilable contradiction,” the Allens said. “Hoven’s trial testimony is either an admission that he lied in his deposition and his declaration or he lied to the jury.”
In a state-level trial against Eli Lilly for Actos injuries in 2012, Hoven said that he was “readily familiar with the research, development, manufacturing, marketing and sales operation” of the drug in the United States. However, during his testimony for the Allens’ personal injury case against Actos, Hoven said that his knowledge of the drug’s marketing was only general.
“Familiar with the fact that those are activities that occur within a very big company does not mean that I am involved in every single aspect of the company,” Hoven said. “That’s — I’m familiar with the fact that we made — we manufacture and sell medications.”
During the 2012 trial, Hoven still worked for Eli Lilly; however, he no longer works for the company.
In order to prove that Eli Lilly had intentionally mis-marketed other medications, the attorneys for the Allens questioned Hoven on his knowledge of fines imposed on the company for mis-marketing its antipsychotic drug, Zyprexa. Although Judge Rebecca Doherty reminded Hoven during the questioning that he was under oath, Hoven stated repeatedly that he had no knowledge of the drug’s marketing plan. However, the plaintiffs have unearthed evidence that Hoven was involved in the marketing plan for Zyprexa, including notes from meetings and emails regarding strategy.
Plaintiff Terrence Allen was prescribed Actos in 2004 and took the drug for 7 years. In 2011, Allen was diagnosed with bladder cancer. His complaint alleges that Takeda Pharmaceuticals failed to warn doctors and patients of the dangers of taking Actos – had he and his doctor known about the increased risk for developing bladder cancer, Allen would have been prescribed a different medication to treat his Type 2 diabetes.
During the course of the Allens’ Actos bellwether case, Takeda Pharmaceuticals has already come under fire for intentionally destroying documents related to the link between Actos and Type 2 diabetes. On January 30th, Judge Doherty ruled that the plaintiffs’ attorneys could claim that Takeda willfully destroyed the files, in order to punish the company for its negligence.
The Strom Law Firm Can Help with Personal Injury and Wrongful Death Cases, Including Against Actos
If you or a loved one have taken Actos to treat Type 2 diabetes, and have since suffered dangerous side effects including developing bladder cancer, heart disease, liver failure, or diabetic macular edema, you may be entitled to compensation. The attorneys at the Strom Law Firm can help with personal injury cases, including against Actos manufacturer Takeda Pharmaceuticals. We offer free, confidential consultations to discuss the facts of your case, so do not hesitate to contact us. 803.252.4800