Jury Rules Takeda Must Pay for Lost Actos Files
Some of the missing Actos files prevented one man in a personal injury lawsuit from proving his claims that Actos led to his bladder cancer.
Jurors returned their decision in the state court at Martinsburg, West Virginia. The group deliberated for about three hours on Monday, November 17th, and returned their decision that Takeda Pharmaceuticals intentionally destroyed the Actos files.
The compensatory damages went to plaintiff Richard Myers, a retired bakery worker who was prescribed Actos and later developed bladder cancer.
Although Takeda Pharmaceuticals has won many of the bellwether trials in their multidistrict litigation (MDL), at the state level, the company often loses personal injury lawsuits. The company, along with Eli Lilly, was also ordered to pay $9 billion to plaintiff Terrence Allen for his medical bills and emotional damages. While the amount of damages was later greatly reduced by a judge, the ruling in favor of Allen and against Takeda remained in place.
During Allen’s case, Judge Rebecca Doherty ruled that Takeda neglectfully destroyed documents related to the link between Actos and bladder cancer. 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 vaguer than testimony he gave in a case related to a different drug.
Because of Judge Doherty’s precedent, other Actos injury trials can use the loss of Actos files and documents in their statements.
“The verdict is the death knell for Takeda because it establishes once and for all that they intentionally destroyed evidence to bar bladder-cancer victims from proving the drug harmed them,” said Myers’ attorney.
Takeda said it would appeal the Actos ruling.
A multidistrict litigation (MDL) has consolidated around 3,500 Actos personal injury lawsuits in Louisiana under Judge Rebecca Doherty. Court records also indicate that Takeda faces another 4,500 Actos cases in Illinois, West Virginia, California, and Pennsylvania, where Wisniewski’s lawsuit was filed.
The Strom Law Firm Can Help with Personal Injury and Wrongful Death Cases, Including Against Actos
Evidence strongly links Actos to increased risk of bladder cancer, but the drug also has other dangerous side effects. If you or a loved one take Actos or the generic, pioglitazone, to treat Type 2 diabetes, and have since developed bladder cancer, heart disease, liver failure, or diabetic macular edema, you may be entitled to compensation.
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