Federal Jury Returns $9 Billion Actos Verdict Against Takeda & Eli Lilly
Those seeking compensation for Actos side effects may be encouraged by the recent $9 billion verdict against Takeda Pharmaceuticals and Eli Lilly by a federal jury. Bloomberg News reported on the landmark verdict for the case of Terrence Allen, who claimed the diabetes drug Actos caused his bladder cancer.
Earlier, jurors in the U.S. District Court for Louisiana – site of the Actos products liability multidistrict litigation – rendered a $1.5 million judgment for Terrence in compensatory damages.
This $9 billion award is to account for punitive damages – intended to punish and deter the company from committing similar future actions. It marks the seventh-largest in U.S. history, but it will likely be cut, as the U.S. Supreme Court mandates that punitive judgments must be in proportion to amounts rendered for actual damages.
Takeda, Eli Lilly plan to appeal Actos verdict
Pharmaceutical giant Takeda (based in Japan) and Eli Lilly plan to appeal the verdict. Kenneth Greisman, general counsel for Takeda’s U.S. operations, emailed Bloomberg the following:
“Takeda respectfully disagrees with the verdict and we intend to vigorously challenge this outcome through all available legal means, including possible post-trial motions and an appeal…We also believe we demonstrated that Takeda acted responsibly with regard to Actos.”
A spokesperson for Eli Lilly announced similar intentions as well, stating “We intend to vigorously challenge this outcome through all available legal means, including possible post-trial motions and an appeal.”
Jurors decided that the $9 billion award would be split, with $6 billion to be paid by Takeda and the remaining $3 billion by Indianapolis-based Eli Lilly. It is speculated that since Takeda attempted to relieve its U.S. partner of any legal liability during trial, the Japanese drug maker may end up paying for the entire amount, whether it is reduced by the Supreme Court or not.
Actos litigation unfolds
To date, an estimated 2,700 product liability lawsuits have been coordinated under U.S. District Judge Rebecca Doherty in Louisiana federal court for pretrial proceedings. Plaintiffs such as Terrence Allen argue that Takeda manufactured a dangerous drug and failed to sufficiently warn of Actos cancer risks.
Allen’s case was the first of several bellwether trials in Actos multidistrict litigation No. 2299. These initial lawsuits are selected to go before a jury as they contain issues of fact and allegations that are representative of others in the MDL.
Allegations made by claimants are bolstered by numerous studies on Actos and increased bladder cancer risks, and a 2011 FDA safety communication on the topic. Health regulators cautioned that use of Actos for longer than 12 months has been associated with a 40 percent greater risk of bladder cancer.
Demanding just compensation for Actos side effects
If you have taken Actos and experienced adverse side effects such as bladder cancer, congestive heart failure or other complications, contact a product liability attorney at The Sanders Firm for a free consultation.
Our legal team will review your claim to determine if you have grounds for filing an Actos lawsuit against Takeda. Compensation recovered through litigation or settlement negotiations can help recoup damages and losses for medical expenses, lost income, reduced earning capacity, wrongful death, and pain and suffering. Call anytime, toll-free at: 1.800 FAIR PLAY (888.660.5343)
- Bloomberg Business Week, Takeda, Lilly Jury Awards $9 Billion Over Actos Risks, http://www.businessweek.com/news/2014-04-07/takeda-actos-jury-awards-6-billion-in-punitive-damages
- WebMD, Diabetes Drug Actos Again Linked to Bladder Cancer, http://www.webmd.com/cancer/news/20120531/diabetes-drug-actos-again-linked-to-bladder-cancer