April 27, 2013:
A few days ago, I wrote about the first case to go to trial against Takeda Pharmaceuticals over its diabetes drug Actos. Takeda faces a huge number of cases alleging that its drug Actos is defective.
As I wrote my last post, the jury was about to begin deliberating this first Actos trial. After several days of deliberation, the jury found in favor of the plaintiffs and assessed $6.5 million in damages.
In its initial statements after the verdict, Takeda stated that it would continue to fight the many claims for personal injury and death over its diabetes medication. Initial posturing by Takeda aside, the truth is that the company faces some significant decisions. Many people have suffered tremendously after taking this medication.
The main allegation related to Actos is that it caused bladder cancer in patients and that the company failed to disclose test results which revealed this relationship. However, additional questions related to other conditions, such as liver and heart problems, have also now been raised. Takeda’s choices after losing this first trial and the developing research connecting Actos to many serious health issues will be closely watched.
May 3, 2013:
I am continuing to follow the first Actos trial. In the newest development, the trial judge has thrown out the jury’s verdict. In his opinion, the judge found that the plaintiff’s medical expert was "not reliable." The expert opinion at issue concerns the specific plaintiff in that case and his medical history. The ruling is especially interesting since the judge did not exclude the expert’s testimony at trial or issue any ruling prior to the verdict. The injured plaintiff’s attorney has vowed to appeal. So, this case is not yet concluded.
Takeda still faces some tough decisions. The jury found that Takeda failed to warn adequately about the risk of bladder cancer. This finding is important, considering the large number of cases presently pending.
Prior Posts Related To Diabetes Drug Actos: