$6.5 MILLION VERDICT IN FIRST ACTOS BLADDER CANCER TRIAL
Written By: Rheingold, Valet, Rheingold, Ruffo & Giuffra LLP
By: Kelda Doherty
After two months of trial, a California state court jury has reached a $6.5 million verdict for the first of over 3,000 Actos trials to be held across the country. We cheer this verdict on behalf of all the clients we are litigating for. Jury deliberations lasted eight days after testimonies were heard before the Hon. Kenneth Freeman and concluded with the drug manufacturer Takeda Pharmaceutical Co., being found liable for the injuries caused to Plaintiff Jack Cooper. The plaintiff Cooper developed bladder cancer two years after first taking the diabetes drug and was granted an expedited trial date under California state procedural rules due to his "gravely ill" condition.
It was found that Takeda failed to give a sufficient warning for its product's potential health risks, specifically its risk of causing bladder cancer. The court found the inadequate warning to be a substantial factor for Copper's injuries.
The plaintiff's attorney, Michael Miller argued that Takeda eluded the risk from its warning in an attempt to protect sales profits. The jury awarded Cooper and his wife $6.5 million in damages, granting $1.5 million to Cooper's wife for loss of consortium.