Takeda and Lilly fail to overturn $9 billion award for hiding cancer risk of Actos

Japan’s largest drugmaker Takeda Pharmaceutical (TYO: 4502) and US pharma major Eli Lilly (NYSE: LLY) have failed in their attempt to overturn a combined $9 billion punitive damage award by a US jury for hiding cancer risks associated with their diabetes drug Actos (pioglitazone), according to a court ruling last week.

US District Judge Rebecca Doherty of the Western District of Louisiana said that plaintiffs have pointed to sufficient evidence from which the jury could have concluded that the 'information' about bladder cancer contained in Actos labels did not adequately warn of the increased risk of cancer.

In the original court decision (The Pharma Letter April 8), Takeda was to pay $6 billion and Lilly $3 billion, but Lilly, which co-promoted Actos with Takeda from 1999 to 2006, said that under its agreement with Takeda, it will be indemnified by the Japanese firm for its losses and expenses with respect to the US litigation and other related expenses.