Judge Denies Takeda’s Bid to Overturn $9 Billion Actos Damages
Takeda and Eli Lilly have officially lost their bid to have $9 billion in punitive damages for Actos injuries thrown out after the company lost their second bellwether lawsuit.
“Plaintiffs have pointed to sufficient evidence from which the jury could have concluded that the ‘information’ about bladder cancer contained in Actos labels did not adequately warn of the increased risk of cancer,” said U.S. District Judge Rebecca Doherty of the Western District of Louisiana on Wednesday, August 27th.
Takeda Pharmaceuticals is the Japan-based manufacturer of Type 2 diabetes treatment, Actos, which lost patent protection in 2012 and now faces competition from numerous pioglitazone generics. Eli Lilly is the company’s US-based distributor.
This is the second time Takeda and Eli Lilly attempted to overturn the punitive damages in the Actos injury case of Terrence Allen, who, like many plaintiffs, claims that his Actos prescription led to his bladder cancer, and that the company did not sufficiently warn users of the dangers when they took the prescription to treat another chronic condition, Type 2 diabetes. His Actos lawsuit was the second bellwether trial in a multi-district litigation (MDL) containing at least 2,700 other claims of bladder cancer caused by Actos prescriptions.
In July this year, Judge Rebecca Doherty in the Actos case refused to overturn the verdict, pointing again that Takeda lost or destroyed numerous documents related to Actos’s effectiveness and potential side effects, which made the discovery phase of the trial very difficult. 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 plaintiffs also alleged that Ronald Hoven, former CEO of Eli Lilly, lied under oath while giving testimony during the bellwether trial, because his testimony was regarding Actos was more vague than testimony he gave in a case related to a different drug.
“The jury acted within its role and discretion to attach whatever weight and make whatever reasonable inference it deemed appropriate when assessing the defendants’ conduct,” Doherty said in her most recent 101-page decision.
The decision does not, however, resolve the defense’s request for a new trial against Allen.
The $9 billion Actos injury verdict is the second largest punitive damage amount against a pharmaceutical company in US history. Takeda must pay $6 billion, while Eli Lilly will pay $3 billion.
The Strom Law Firm Can Help with Personal Injury and Wrongful Death Cases, Including Against Actos
There are several side effects associated with Actos®. You should seek medical attention if you experience:
- shortness of breath or trouble breathing,
- chest pain,
- extreme fatigue,
- irregular heartbeat,
- dilated neck veins,
- swelling of face, fingers, feet, or lower legs,
- decreased urine output, and
- weight gain
The worst side-effect, which has led to the numerous personal injury lawsuits, is bladder cancer. Although Type 2 diabetes patients have a small increased risk of developing bladder cancer, Actos has been linked to a much greater increase in risk, especially when the prescription is taken for 2 years or more.
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 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