UPDATE: The original version of this article stated that the award had been reduced to $90 million. It has actually been reduced to $36.8 million.
Dive Brief:
- There are now more than 8,000 pending or current claims against Takeda/Lilly alleging that the companies hid potential cancer risks associated with taking Actos (pioglitazone) for type 2 diabetes .
- U.S. District Court Judge Rebecca Doherty has lowered the initial class action award of $9 billion to $36.8 million—the biggest award allowed under current law.
- Doherty says that the allegations against Actos have merit, but she feels that the original award was excessive; however, Takeda/Lilly are determined to fight back, saying that the evidence does not support the claims.
Dive Insight:
This story has many twists. First, the FDA published an announcement in 2011 saying that Actos is associated with an increased risk of bladder cancer. This position was then countered by a study based on 10 years of data showing that Actos does not increase such cancer risk.
There are many ongoing suits claiming that use of Actos has led to cancer; however, Takeda has prevailed in many of these cases by making the counter-claim that the patients' bladder cancer was not caused by Actos, but rather lifestyle-related factors such as smoking.