The $9 billion punitive damages award in a lawsuit against Takeda Pharmaceuticals and Eli Lilly relating to the drug Actos® and its side effects will stand.
U.S. District Judge Rebecca Doherty, who is presiding over more than 3,500 Actos® cases, denied the defendants’ request to overturn the jury award, one of the largest ever in a pharmaceutical product liability lawsuit.
The Actos® lawsuits claim that plaintiffs were injured as a result of Takeda and Eli Lilly’s failure to adequately warn consumers and the medical community about the link between bladder cancer and the drug. Actos® is a medication prescribed along with a healthy diet and exercise to treat patients with type 2 diabetes. Studies have shown that taking the drug was associated with increased incidence of bladder cancer. One study showed that those who had taken Actos® for a year or longer, had a 40 percent increased risk of getting the disease.
Berkowitz and Hanna LLC is keeping an eye on the outcomes of these Actos® cases, as jury awards such as this one may influence settlement agreements in other, related cases.
Image via drugwatch.com