A West Virginia jury has ordered Takeda Pharmaceuticals to pay $155,000 for destroying documents about its diabetes medication, Actos. The destroyed documents prevented a man from proving his claim that the drug caused cancer.
Jurors deliberated for three hours before concluding that Takeda had intentionally destroyed files about the development and marketing of Actos. The jury found that the document destruction prevented Richard Myers from having access to evidence that could have proved his claim that Takeda failed to adequately warn the public about the drug’s cancer risks. Myers is the eighth Actos patient to take his lawsuit to trial, and the fifth to win.
The verdict comes just one month after a court in Pennsylvania ordered Takeda to pay $2 million to a former Actos user who developed bladder cancer. Two weeks ago, a federal judge in Louisiana also upheld a punitive damage award against Takeda over their diabetes medication.
More than 3,500 Actos lawsuits have been consolidated before U.S. District Judge Rebecca Doherty in Lafayette, Louisiana. Takeda faces another 4,500 cases in state courts across the nation.
Former users claim that Takeda researchers ignored or downplayed concerns about the drug’s cancer-causing potential before it was sold to the public. Additionally, the lawsuits claim that Takeda Pharmaceuticals misled U.S. regulators and doctors about the drug’s risks.
A Takeda spokesman told Bloomberg that they are considering their options, including an appeal in the Myers case.
The Baton Rouge personal injury lawyers at Simien & Simien will continue to monitor developments in the Actos litigation. If you or someone close to you was harmed by the diabetes drug Actos, you may be entitled to compensation.