Takeda Pharmaceuticals and Eli Lilly issued the following statement today in response to the verdict in the case of Terrence Allen, et al. v. Takeda Pharmaceuticals North America, Inc., et al. No. 6:12-cv-00064 regarding claims that Takeda’s diabetes drug Actos (pioglitazone) contributed to a patient’s bladder cancer. The jury in a federal district court in Louisiana found in favor of the plaintiffs and awarded $1.475 million in compensatory damages. The allocation of liability was 75% Takeda and 25% Lilly. The jury also awarded $6 billion in punitive damages from Takeda and $3 billion from co-defendant, Eli Lilly.

“Takeda respectfully disagrees with the verdict and we intend to vigorously challenge this outcome through all available legal means, including possible post-trial motions and an appeal,” said Kenneth D. Greisman, senior vice-president, general counsel, Takeda Pharmaceuticals U.S.A., Inc. “We have empathy for the Allens, but we believe the evidence did not support a finding that Actos caused his bladder cancer. We also believe we demonstrated that Takeda acted responsibly with regard to Actos.”

Judgments were entered in Takeda’s favor in all three previous Actos trials. Eli Lilly was not named previously. This is the first federal case to be tried and the first in the consolidated Actos multidistrict litigation (MDL). Eli Lilly copromoted Actos with Takeda from 1999 to 2006.  

“While we have empathy for the plaintiff, we believe the evidence did not support his claims,” said Mike Harrington, senior vice- president and general counsel, in a company statement. “Lilly disagrees with the verdict and we intend to vigorously challenge this outcome through all available legal means.”

Under Lilly’s agreement with Takeda, Lilly will be indemnified by Takeda for its losses and expenses with respect to the US litigation and other related expenses in accordance with the terms of its indemnification agreement, according to the statement by Eli Lilly.

Source: Takeda Pharmaceuticals and Eli Lilly