Actos® MDL Trial Update (MDL 2299): Judge Rules that Jury Can Hear Claims Over Takeda’s Destroyed Files
Bloomberg reports that The Honorable Judge Rebecca F. Doherty, who presides over the Actos® Multidistrict Litigation (MDL 2299), has decided that Takeda must allow the jury for the first federal trial to hear claims that it intentionally destroyed files related to its Actos® diabetes drug.
Officials at the Osaka, Japan-based Takeda admitted they cannot find the files compiled by over 45 current and former Takeda employees involved within the marketing and sales department – two of which are directors. After finding that some files were deleted from company computers after executives warned employees to retain Actos®-related materials, Judge Doherty said that “the breadth of Takeda leadership whose files have been lost, deleted or destroyed is, in and of itself, disturbing.” As punishment, Judge Doherty has ruled that she will allow plaintiff’s attorneys to tell jurors about the document destruction during the trial.
The first trial in the Multidistrict Litigation In re: Actos® (Pioglitazone) Products Liability Litigation, MDL 2299 is underway in the United States District Court for the Western District of Louisiana before The Honorable Judge Rebecca F. Doherty and is expected to last six weeks. According to the most recent report issued by the Judicial Panel on Multidistrict Litigation, there are nearly 2,700 cases currently on file against Takeda Pharmaceuticals, the manufacturer of the diabetes drug Actos®, in MDL 2299.
In addition to the Multidistrict Litigation (MDL 2299) pending in federal court, there is a consolidated state court litigation pending in Cook County Circuit Court in Chicago, Illinois. There are approximately 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 in March 2014.
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.
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. With hard work, creative thinking, and strong trial skills, we have earned an outstanding nationwide reputation by representing thousands of individuals who have suffered serious injuries. If you or a loved one developed bladder cancer after taking Actos® for more than one year, please contact Schlichter, Bogard & Denton, LLP toll-free at 1-800-873-5297 for your confidential and free consultation.
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