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Legal News: Actos Verdict of $1.7 Million Thrown Out By Maryland Judge

9/27/2013

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Jurors in a state court in Baltimore found that Takeda Pharmeceutical Co. failed to properly warn about the risks of its Actos diabetes drug and ordered the company to pay more than $1.7 million in damages for the cancer death of plaintiff Diep An.  The judge, however, threw out the verdict based on the finding that An contributed to his own death by smoking for thirty years.  

Similarly, in April, a California jury ordered Takeda to pay $6.5 million in a damages to a diabetic man who claimed Actos caused his bladder cancer.  The judge in that case also threw out the verdict.  

Although not resulting in a win for the plaintiffs, the two jury verdicts are vindication for claims that Takeda failed to properly disclose Actos's link to bladder cancer.  Takeda faces more than 3,000 other lawsuits over the drug.  More than 1,200 of the cases have been consolidated in multi district litigation in Louisiana.  The first of those cases goes to trial in January 2014.

[1] An v. Nieberlein, 24-C12003565, Circuit Court for the City of Baltimore, Maryland.
[2]  Feeley, J. "Takeda Failed to Properly Warn About Actos Risks, Jury Rules" Bloomberg Businessweek (September 26, 2013).
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