Following Suit: Actos Lawsuit Update

Actos lawsuits allege patients developed bladder cancer after using Actos and that Eli Lilly & Co. and Takeda Pharmaceutical did not adequately warn patients about the risks associated with using Actos.

• In Re: Actos Products Liability Litigation Case, US District Court, Western District Louisiana, No. 6:11-md-2299, a jury awarded a combined $9 billion in punitive damages to plaintiff Terrence Allen. In addition, Allen was awarded $1.5 million in compensatory damages. The defendants are expected to appeal the decision.

• During the Allen lawsuit, information was presented that Takeda officials purposely destroyed documents related to Actos. The judge told jurors they could take that to mean the documents that were destroyed would have supported the plaintiff's allegations.

• In a lawsuit in Las Vegas, the judge is reportedly considering a request to punish defense attorneys for misconduct in the courtroom. An attorney for the plaintiff argues that the defense has violated court orders and been disrespectful to the judge, according to the Las Vegas Review-Journal (4/27/14).

• The lawsuit involves multibillion-dollar claims by two women who allege in lawsuits against Takeda Pharmaceuticals that they developed bladder cancer after using Actos. Both women have reportedly had surgery to remove tumors from their bladder.

• Previous Actos bladder cancer lawsuits have resulted in conflicting decisions, including one in which a finding for the plaintiff was later overturned by a judge, who found that the plaintiff had not proven Actos caused the bladder cancer (Cooper v. Takeda Pharmaceuticals America, Inc. CGC-12-518535), and one in which a decision was made for the plaintiff but no money will be given because the jury found the plaintiff’s smoking contributed to his bladder cancer (An v. Nieberlein, 24-C12003565).

• There are approximately 5,500 Actos personal injury lawsuits pending in state and federal courts, according to court documents in one lawsuit.