$2 Million Awarded to Lyon Firm Client In Philadelphia Actos Verdict
Cincinnati Recall & Ohio Product Liability Lawyer: Actos Lawsuit
After five hours of deliberation, eight out of nine jurors agreed that Takeda Pharmaceutical Co. Ltd. failed to warn Plaintiff and the medical community about the increased risk of bladder cancer and their drug Actos.
The Actos label was updated in August 2011 to include a warning that use of Actos for more than one year may be associated with an increased risk of bladder cancer. The warning came five years after Plaintiff was first prescribed the medication. The jury awarded plaintiff Frances Wisniewski $2,050,000 for medical expenses and pain and suffering.
Despite evidence of destroying custodian files, the jury opted not to award punitive damages after finding that the company had not displayed conscious disregard for patients.
Lyon Firm was honored to work as Co-Counsel along with Lead Trial Counsel and Michael Miller. In response to the Philadelphia Actos verdict, Mr. Miller was quoted in Law 360 “that juries in four out of six Actos-related cases brought to trial across the country had resulted in verdicts in favor of plaintiffs. ” Miller further stated that, “I think Takeda needs to come clean and resolve these cases.. They failed to warn and there are thousands of people with bladder cancer.”
Previously, on April 7, 2014, a jury in Laffeyette, Louisiana awarded Terrance Allen the 7th largest jury award in the history of the United States judicial system. The jury awarded over $1.4 million in compensatory damages and $9 billion in punitive in a suit against Takeda Pharmaceutical Co. and Ely Lily & Co., manufacturers of the diabetes medication, Actos.
The Allen suit also alleged that Defendants downplayed the risk of cancer in producing and marketing the diabetes drug and even went as far as destroying, hiding, or misleading Plaintiff as to the location of certain vital documents. Judge Doherty, the presiding federal Judge, in a January ruling allowing the jury to hear evidence of those missing documents wrote, “The breadth of Takeda leadership whose files have been lost, deleted or destroyed is, in and of itself, disturbing.”
The award was appealed and reduced to $ 20 Million, as the U.S. Supreme Court has ruled that punitive damage awards must be proportional to compensatory damage awards.
If you or a loved one have suffered bladder cancer and have taken Actos, please contact The Lyon Firm immediately to discuss your legal options. The statute of limitations on these cases is limited and may preclude recovery in some cases. Mr. Lyon can discuss the specifics in litigation involving your Actos Lawsuit.