After
a 12 week trial in the first bellwether case in the Actos MDL, the jury has
rendered a verdict in favor of the plaintiffs, Mr. and Mrs. Allen, as follows:
- $1,475,000 in compensatory damages
- $6 Billion in punitive damages against Takeda
- $3 Billion in punitive damages against Eli Lilly
- $1,475,000 in compensatory damages
- $6 Billion in punitive damages against Takeda
- $3 Billion in punitive damages against Eli Lilly
The case was before the
U.S. District Court, Western District of Louisiana (in Lafayette). The style of
the case is In Re: Actos Products Liability Litigation Case No. 6:11-mdl-2299.
It is reported that the
jury deliberated for an hour and 10 minutes to deliver its verdict finding
liability on all 14 questions, and another 45 minutes to come out with the
multibillion dollar punitive damages.
Takeda Pharmaceutical, Japan’s largest drugmaker, said it would contest the $6 billion punitive damages imposed. Eli Lilly will most likely appeal as well. The plaintiffs alleged the drugmaker had concealed cancer risks associated with its Actos diabetes drug. Judge Rebecca F. Doherty wanted post-verdict motions filed quickly but has set no schedule.
Punitive damages are meant to discourage other similar companies from bad conduct. Compensatory damages are meant to pay back victims for their actual losses, or “hard damages”.
Judgments were entered in Takeda’s favor in three previous Actos trials. This was the first trial in the MDL. Last May, a judge nullified a separate jury verdict of $6.5 million against Takeda after a ruling that the plaintiffs failed to offer reliable evidence that Actos actually caused cancer. See my previous blog post regarding that story.
Germany and France have
suspended use of the drug in 2011 due to concerns over linkage of the drug to
cancer.
Pittman, Dutton &
Hellums, P.C. is currently investigating Actos cases. Contact Booth Samuels at
1-866-515-8880 or by email at booths@pittmandutton.com
for a free case evaluation.
