The first federal court trial involving development of bladder cancer from use of Actos has resulted in a verdict for the plaintiff in the amount of $1.5 million compensatory damages and $9 billion in punitive damages. The defendants in the case were Takeda Pharmaceuticals and Eli Lilly.
The jury verdict in the 12 week long trial may be the largest verdict in U.S. history in a pharmaceutical product liability case. In sharp contrast to the lengthy trial, jury deliberations lasted only several hours. The case was the first “bellwether” case in the federal multidistrict litigation, where nearly 3,000 suits are pending.
Prior to the trial, U.S. District Judge Rebecca Doherty, ruled that Takeda Pharmaceuticals acted in bad faith during pretrial discovery, either accidentally or intentionally destroying relevant evidence. As a result of her ruling, Judge Doherty permitted the jury to hear evidence regarding the spoiliation of evidence.
Trial testimony indicated that Takeda Pharmaceuticals deliberately hid knowledge of a connection between bladder cancer and use of Actos. Internal memoranda and communications and scientific studies that Takeda allegedly concealed from consumers were introduced during the trial. The jury awarded the plaintiff $6 billion in punitive damages from Takeda Pharmaceuticals and another $3 billion from Eli Lilly, who helped distribute the drug in the United States.
Analysts believe that the drug maker’s final cost to settle the remaining Actos cases will be substantial due to the risk of high punitive damage awards in those cases.
Actos is a type 2 diabetes drug that has been prescribed to millions of Americans. In 2010, concerns arose over a link between the use of Actos and development of bladder cancer.
The Ohio Actos injury attorneys at Clark, Perdue & List are currently representing clients who have developed bladder cancer following their use of Actos. If you or a loved one have been diagnosed with bladder cancer and have used Actos, contact Clark, Perdue & List.