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Court Mandates Takeda to Pay $6 Billion in Actos Trial

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The national law firm, Parker Waichman LLP, reports that a United States district court mandated Takeda Pharmaceuticals Co. to pay $6 billion in punitive damages relating to a lawsuit brought by a man alleging he developed bladder cancer after taking the diabetes drug, Actos.

This was the first federal lawsuit tried against Takeda over allegations that Actos can lead to bladder cancer.

The ruling also orders Eli Lilly to pay $3 billion. Eli Lilly and Takeda were Actos sales and marketing partners for a number of years. The rulings come on the heals of a U.S. jury order issued in April by the district court in Louisiana that also ordered Takeda to pay $1.27 million in compensatory damages; a total of $1.5 million in compensatory damages was ordered.

The lawsuits also alleged that Takeda and Eli Lilly had knowledge of the link between Actos and bladder cancer, but hid the information in an effort to boost sales, according to Bloomberg Businessweek report. U.S. District Judge Doherty ruled that jurors appropriately weighed evidence that showed Takeda and Eli Lilly officials were aware Actos was associated with bladder cancer, yet did not warn physicians and patients prior to their considering damage amounts. The verdict is the second largest verdict this year in the U.S.

“The firm is happy that the Court continues to hold up the jury’s initial April findings,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “Bellwethers help all parties involved in a litigation understand the likely direction of the cases. This week’s ruling continues to support plaintiffs’ allegations.”

The plaintiffs in this first Actos bellwether trial, Terrence and Susan Allen, claimed that Mr. Allen took Actos for his Type 2 diabetes from 2004 through 2011. Mr. Allen developed bladder cancer in 2011. The Allen’s allege that the cancer was brought on by Actos and that Takeda concealed risks associated with Actos from the public. He claims he never would have taken Actos had he been told of these risks.

The verdict could have widespread effect, as about 2,700 lawsuits have been filed into the Actos MDL.

Parker Waichman continues to be actively involved in the Actos litigation and has filed lawsuits on behalf of a host of people who allege they developed bladder cancer due to their having taken Actos. Jerrold S. Parker, the firm’s founding partner, serves on the Plaintiffs’ Steering Committee for the MDL.

The explosion in litigation against Takeda has occurred in part because of a mountain of evidence that reveals that use of Actos is related to a significantly increased risk of developing bladder cancer. In 2011 the U.S. Food and Drug Administration (FDA) warned that using Actos for more than one year could significantly raise this cancer risk.

Takeda and Eli Lilly were hoping to land a new trial under Federal Rule of Civil Procedure Rule 59 and judgment as a matter of law under Rule 50, according to the National Law Journal. Plaintiffs previously pointed out that a significant amount of evidence supported the jury’s finding of unacceptable behavior, which included Takeda’s not complying with a 2002 litigation hold to preserve evidence. The judge ruled that Takeda acted in bad faith by destroying evidence that revealed it was aware of Actos’ potential health risks.

breakinglawsuitnews.com disclaimer: This article: Court Mandates Takeda to Pay $6 Billion in Actos Trial was posted on Monday, September 8th, 2014 at 2:37 pm at breakinglawsuitnews.com and is filed under Defective Drug Lawsuits, Uncategorized.

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