A Louisiana judge has ruled in a bellwether trial that Takeda Pharmaceuticals destroyed evidence that would have helped the plaintiffs prove the company hid information about the cancer risks of its diabetes drug, Actos. The evidence was a part of a case that resulted in a $9 billion Actos verdict in April, 2014.
The April ruling was the first federal jury decision in a multidistrict litigation (MDL) against Asia’s largest drug manufacturer and its American partner, Eli Lilly & Co. The lawsuits claimed that Takeda’s drug, Actos, caused bladder cancer. The Actos lawsuit alleged that the company knew about the potential connection between taking Actos and developing bladder cancer in as early as 2004. The suit said trials in humans had shown Actos would induce cancer in the early 2000s.
The judge announced that Takeda had intentionally destroyed documents that were pertinent to the case involving Actos, saying the information made it not possible for the plaintiffs to present a “full and complete picture of Takeda’s actions and will prejudice the plaintiffs steering committee within this MDL.” The judge ordered that the pharmaceutical company continue to reconstruct all of the files that had been deleted. The plaintiff’s steering committee may file a request to make Takeda absorb all costs of the trial.
You should consult with a doctor if you have any ongoing symptoms or health concerns, and before making any changes in any prescription medications. If you are or a loved one was diagnosed with bladder cancer after taking Actos, you may also want to consult with the pharmaceutical lawyers at Lopez McHugh for a confidential case evaluation.
