US Judge throws out verdict in Takeda Actos case

3 May 2013

The US subsidiary of Japan’s largest drugmaker Takeda Pharmaceuticals (TYO: 4502) USA announced that, in the case of Jack Cooper, et al v Takeda Pharmaceuticals America Inc et al., No CGC-12-518535, the judge granted Takeda’s motion for non-suit. The ruling nullifies the jury’s verdict last month, which had awarded plaintiffs $6.5 million in damages allegedly caused by the firm’s diabetes drug Actos (pioglitazone; The Pharma Letter April 29). The trial began in February.

Judge Kenneth Freeman in state court in Los Angeles ruled that Jack Cooper’s attorneys were unable to properly link his bladder cancer to his Actos use and jurors should not have had a chance to return their verdict against Takeda. Testimony from a doctor who concluded Mr Cooper’s Actos use caused his bladder cancer turned out to be “inherently unreliable” and that justified throwing the case out, the judge stated.

“We have empathy for Mr Cooper and his family, but agree with the court’s finding. In granting the motion, the judge ruled that the plaintiffs failed to offer any reliable evidence that Mr Cooper's disease was caused by Actos said Kenneth Greisman, senior vice president, general counsel, Takeda Pharmaceuticals USA. Takeda says it is confident in the therapeutic benefits of Actos and its importance as a treatment for type 2 diabetes. “Patient safety is a critical priority for Takeda. We plan to vigorously defend the company against future lawsuits involving Actos,” Mr Greisman added.

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