$9 Billion Punitive Damages Award In Actos Bellwether Trial
Marilyn McGoldrick on Apr 11, 2014 10:49:00 AM
NOTE: The trial judge on this case later reduced the award to $36.8 million, by lowering the plaintiffs’ $6 billion award for punitive damages against Takeda to roughly $27.7 million and the $3 billion dollar punitive damage award against Eli Lilly to $9.2 million. Total compensatory damages were previously reduced to $1.3 million in an earlier ruling.
A federal court jury in Louisiana has awarded plaintiffs Terrence and Susan Allen $9,001,475,000 in damages to compensate them for Terrence Allen’s developing bladder cancer after taking the diabetes drug Actos. Nine billion dollars of the award was punitive (punishment) damages against the two defendants, Takeda Pharmaceuticals USA Inc. and Eli Lilly & Co. Inc. The jury awarded the Allens $3 billion in punitive damages against Eli Lilly and $6 billion against Takeda. This was the first federal court trial in the Actos cases which were consolidated by the Multi District Litigation Panel in the western district of Louisiana.
$1,475,000 was awarded to the Allens for compensatory damages. The jury allocated 25% of the compensatory award to be paid by Eli Lilly, and 75% of the compensatory award to be paid by Takeda. Both defendants have already announced plans to appeal.
Actos (pioglitazone) is a glucose-lowering drug that increases the body’s sensitivity to insulin. Several studies have shown an increased risk of bladder cancer with use of Actos. In June 2011, the U.S. Food and Drug Administration (FDA) issued a Drug Safety Communication that warned that the use of this medication for more than one year has been associated with an increased bladder cancer risk. Six months later, the FDA approved updated labels for Actos to advise of the risk.
If you or a loved one developed bladder cancer or heart disease after taking Actos, call us at 888-341-1405 to speak with one of our drug and medical device lawyers or tell us your story here. All inquiries are free and strictly confidential.