Actos® MDL Trial Update: Jury Awards Plaintiff $9 Billion in Punitive Damages
The first federal Actos® trial in the MDL concluded on Monday, April 7th. After deliberations, 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 trial in the Multidistrict Litigation In re: Actos® (Pioglitazone) Products Liability Litigation (MDL 2299) began over a month ago in the United States District Court for the Western District of Louisiana before The Honorable Judge Rebecca F. Doherty. Judge Doherty previously decided that the jury would be allowed to hear claims that Takeda intentionally destroyed files related to its Actos® diabetes drug. The first federal trial in the MDL is Allen v. Takeda Pharmaceuticals North America Inc., Case No. 12-cv-00064, U.S. District Court, Western District of Louisiana (Lafayette).
According to the most recent report issued by the Judicial Panel on Multidistrict Litigation (JPML), there are over 2,900 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 also 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 on April 21, 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. 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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