Products Liability Law Daily Wrap Up, TOP STORY—SETTLEMENT AGREEMENTS—W.D. La.: Takeda commits $2.4 billion to settle Actos products liability claims, (Apr 29, 2015)
Law Firms Mentioned:Adams & Reese | Gallivan White & Boyd | McGlinchey Stafford | Neblett Beard & Arsenault | Sidley Austin | Weitz & Luxenberg
Organizations Mentioned:Adams & Reese, LLP | Eli Lilly & Co. | Eli Lilly & Co. | McGlinchey Stafford, PLLC | Neblett Beard | Products Liability | Sidley Austin, LLP | Takeda Pharmaceutical Co. Ltd. | Takeda Pharmaceutical Company Ltd. | Takeda Pharmaceuticals America Inc. | Takeda Pharmaceuticals International Inc. | Takeda Pharmaceuticals LLC | Takeda Pharmaceuticals North America Inc. | Weitz & Luxenberg, PC
By Pamela C. Maloney, J.D.
In what is being touted as one of the largest products-liability settlements involving the pharmaceutical industry, Takeda Pharmaceutical Co., Japan’s largest drug maker, has agreed to settle the more than 9,000 pending Actos® products liability lawsuits in which patients claimed that the drug maker failed to warn of cancer risk associated with the drug’s usage. The drug company did not admit to any liability, but agreed to the settlement in order to bring an end to this complex litigation. According to a press release, Takeda will pay $2.4 billion to settle these claims if 97 percent of the litigants agree to the deal. If only 95 percent agree, Takeda’s contribution will be about $2.37 billion. July 13, 2015 has been set as the opt-in date for participants (In re Actos® (Pioglitazone) Products Liability Litigation, April 28, 2015, Doherty, R.).
Background. This multidistrict litigation arose from products liability claims brought against Takeda Pharmaceuticals North America, Inc., the manufacturer of Actos, and Eli Lilly, which marketed it for several years, by patients who alleged that use of Actos to treat their diabetes caused them to develop bladder cancer. Takeda had partnered with Upjohn during the drug’s development until 1993, when it entered a co-promotion agreement with Eli Lilly & Company.
Special Master. Gary J. Russo has been appointed as the Special Master for the purpose of making recommendations on motions to dismiss claims that do not comply with the terms of the settlement agreement and to recommend rulings on other motions as specified in the agreement.
Settlement fund website. Details regarding the settlement can be found at the ACTOS Resolution Program website: www.actosofficialsettlement.com.
The case is MDL No. 6:11-MD-2299 (see also Settlement Agreement Order).
Attorneys: Paul J. Pennock (Weitz & Luxenberg), and Richard J. Arsenault (Neblett Beard & Arsenault) for plaintiffs. Sara J. Gourley (Sidley Austin), and Daniel B. White (Gallivan White & Boyd) for Takeda Pharmaceutical Company Ltd., Takeda Pharmaceuticals America Inc., Takeda Pharmaceuticals International Inc., and Takeda Pharmaceuticals LLC. David R. Dugas (McGlinchey Stafford), and Lindsey N. Oswalt (Adams & Reese) for Eli Lilly & Co.
Companies: Takeda Pharmaceutical Company Ltd.; Takeda Pharmaceuticals America Inc.; Eli Lilly & Co.; Takeda Pharmaceuticals International Inc.; Takeda Pharmaceuticals LLC
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