Eli Lilly and Takeda Pharmaceuticals recently lost a bid to have a judge dismiss a combined $9 billion award for punitive damages over claims that the companies purposefully hid the risks of cancer of the well-known diabetes medicine, Actos.
Jurors considered evidence which found that the companies knew Actos was linked to bladder cancer and neglected to properly warn doctors and patients before assessing the damages, according to the U.S. District Judge presiding over the case. The Actos trial verdict may be reduced on appeal, and it is the second-largest in 2014 in the U.S.
However, both Lilly and Takeda disagreed with the ruling and are currently awaiting a ruling on their motion for a new trial. Lilly stated that it intends to vigorously pursue all post-verdict options, including appealing the verdict.
Actos sales peaked at $4.5 billion in the year ended March 2011, accounting for 27 percent of Takeda’s revenue. Since its 1999 release, the medication has generated more than $16 billion in sales, according to court documents.
Actos Trial Result
For little more than an hour, jurors deliberated before finding that the drugmakers acted with reckless disregard in marketing Actos and that the companies should pay $9 billion total in punitive damages. While the jury ordered Lilly to pay $3 billion and Takeda to pay $5 billion, Takeda may pay the entire award because of indemnity agreements between the two companies.
Earlier in the Actos trial, the jury awarded the plaintiff with $1.5 million in compensatory damages. The plaintiffs allegedly developed bladder cancer after taking Actos for more than five years, beginning in 2006. He argued that executives for Takeda downplayed or ignored concerns about Actos’ cancer-causing potential and mislead health officials about its risks to protect its sales.
According to Takeda officials, a completed study of Actos was sent to the U.S. Food and Drug Administration and global health regulators. The company stated that the 10-year study found no significant risk of bladder cancer in patients taking Actos or a link between the disease and the duration of the drug’s use.
Contact Attorney Group Today
If you or a loved one was injured after taking Actos and you would like information about pursuing a claim for recovering damages, Attorney Group can help. We can review your case at no charge and put you in touch with an affiliated Actos trial attorney if you have a case. You may be entitled to seek compensation for lost wages, medical treatments or expenses, and pain and suffering. Call today.