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Actos® Lawsuit Update: Judge Denies Takeda’s Motion to Overturn $9 Billion Jury Verdict in First MDL Actos® Trial

verdictsBloomberg reports that The Honorable Judge Rebecca Doherty has ruled against Defendants Takeda Pharmaceutical Co. and Eli Lilly in their motion to overturn the $9 Billion verdict decided by a jury earlier this year. In particular, Judge Doherty ruled that jurors properly considered evidence showing that the officials for the manufacturers of Actos® were aware of its link to bladder cancer and failed to adequately warn both patients and doctors of the risk in assessing the damages. The jury verdict is the second-largest in the U.S. in 2014, according to data compiled by Bloomberg.

Judge Doherty presided over the first Actos® trial in the MDL, In re: Actos® (Pioglitazone) Products Liability Litigation (MDL 2299), which concluded on April 7th where the jury awarded the plaintiff $1.5 million in compensatory damages and $9 billion in punitive damages ($6 billion against Takeda; $3 billion against Eli Lilly). The first federal trial in the MDL was Allen v. Takeda Pharmaceuticals North America Inc., Case No. 12-cv-00064, U.S. District Court, Western District of Louisiana (Lafayette).

Actos® is a medication prescribed to control glucose (blood sugar) in adults with Type 2 diabetes. The Food and Drug Administration (“FDA”) approved Actos® in 1999. The drug subsequently became the world’s best-selling diabetes treatment with Actos® sales peaking between March 2010 and March 2011 at $4.5 billion, or 27 percent of Takeda revenue, according to data compiled by Bloomberg News. In June 2011, the FDA issued a Drug Safety Alert warning that the use of Actos® for more than one year may be associated with an increased risk of bladder cancer. According to Bloomberg, Actos® has generated more than $16 billion in sales since its 1999 release.

According to the most recent report issued by the Judicial Panel on Multidistrict Litigation, there are over 3,600 federal Actos® cases pending in MDL 2299. In addition to the Multidistrict Litigation (MDL 2299) pending in federal court, there is also a consolidated state court litigation pending in Cook County Circuit Court in Chicago, Illinois. There are over 3,000 Actos® bladder cancer cases currently on file against Takeda Pharmaceuticals in Cook County before The Honorable Judge Deborah Mary Dooling (In re Actos® Litigation, Case No. 2011 L 10011). The first trial in the Cook County Actos® litigation is scheduled to begin next year.

Schlichter, Bogard & Denton, LLP is a unique law firm that aggressively represents its clients injured as a result of dangerous pharmaceutical medications and unsafe medical devices. If you or a loved one developed bladder cancer after taking Actos® for more than one year, please contact the attorneys at Schlichter, Bogard & Denton, LLP toll-free at 1-800-873-5297 for your confidential and free consultation.


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