Actos News

Insurance Company Files Actos Bladder Cancer Lawsuit
June 21, 2014

Blue Cross and Blue Shield of Massachusetts (BCBSMA) has filed a lawsuit, on behalf of its insured members, against Takeda Pharmaceuticals, maker of the diabetes drug, Actos. The suit charges the Japanese company with hiding evidence that Actos causes bladder cancer and also names Takeda’s U.S. marketing partner, Eli Lilly and Company.

With this suit, the insurance company joins thousands of consumers who have filed similar legal actions. More than 6,000 cases, and now the BCBSMA lawsuit, have been brought together in the Louisiana federal court of U.S. District Judge Rebecca Doherty, where jurors recently found Takeda and Lilly guilty of intentionally concealing the link between Actos and bladder cancer and failing to warn the plaintiff, Terrence Allen, of the danger. The two companies were ordered to pay $1.5 million to Mr. Allen, who has bladder cancer. They were also ordered to pay $9 billion in punitive damages.

"This court found and finds the evidence … presented both pretrial, as well as that presented during trial, has established that Takeda … engaged in bad faith destruction of files and documents." - Judge Rebecca DohertyIt has been reported that Takeda and Eli Lilly are now engaged in their own battle to determine who will pay those damages. Lilly claims that under the terms of their partnership Takeda is responsible for paying all damages resulting from Actos litigation. Takeda is challenging that assertion.

The BCBSMA lawsuit comes at a time when Takeda is particularly vulnerable. Last month Judge Doherty ruled that Takeda intentionally destroyed important evidence relevant to the case against them. She had previously described the destruction as “repeated, systemic, and wide-spread”. In the recently concluded trial she instructed jurors that they were permitted to infer that the missing evidence would have supported Mr. Allen’s case. Should similar jury instructions become part of future Actos litigation, Takeda’s misbehavior will count heavily against it.