Takeda Pharmaceutical Co., the manufacturer of the type 2 diabetic drug, Actos, must let a jury hear claims that it intentionally destroyed files related its Actos diabetes drug. The federal judge overseeing the trial has made this ruling, to allow this evidence and jury instruction, know as a Spoliation of Evidence. The jury is allowed to infer that the destroyed documents were damaging to the company.
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According to a Maryland jury, Takeda Pharmaceutical Co. failed to properly warn about the risks of its Actos diabetes drug and ordered the company to pay more than $1.7 million in damages. This was the second state court Actos bladder case injury case to go to trial. The judge overseeing the case immediately threw out the verdict.
According to the testimony presented in trial, Takeda Pharmaceutical Co. duped patients and doctors about the risks of its Actos diabetes drug and should be held liable for the cancer death of a former U.S. Army translator.
The plaintiff alleged that Japan-based Takeda, failed to provide any warning until 2011 that researchers had linked Actos to bladder cancer. The family of Diep An, filed a wrongful death product liability lawsuit in state court in Baltimore, MD. The plaintiff’s attorney allege that the lack of a warning allowed the company to protect billions in sales of the drug.