Misconduct in Actos Product Liability Bladder Cancer Trial

By Rheingold Giuffra Ruffo & Plotkin LLP

As an aggressive New York City product liability law firm which is constantly battling pharmaceutical companies, we wanted to bring you information about corporate misconduct in pharmaceutical litigation. Defense attorneys, accused of engaging in misconduct during a civil trial against Takeda Pharmaceuticals for injury caused by the drug Actos (pioglitazone), might face punishments.

Attorney David Wall, representing the woman involved in the case against Takeda Pharmaceuticals argued that drug manufacturer’s defense team should be held accountable for their actions. Takeda’s defense team is accused of misconduct by violating court orders, in addition to being persistently disrespectful towards the Las Vegas district judge Kerry Earley with the intention of causing mistrial.

Judge Kerry Earley mentioned that the behavior of the defense “has been absolutely very egregious”. Inappropriate behavior included pointing fingers at the judge, rolling their eyes during the trial, as well as telling her she was “getting emotional”. Judge Earley is considering a request to reprimand the attorneys for such behavior during the trial.

Plaintiffs Delores Cipriano and Bertha Triana of the state of Nevada were diagnosed with bladder cancer after taking the drug Actos for diabetes. According to the FDA, patients prescribed to take Actos to treat Type 2 diabetes for more than a year may have an increased risk of bladder cancer.

Product liability lawsuits remain a constant problem for Takeda pharmaceuticals as it has repeatedly failed to disclose relevant information to its consumers about the potential risk of bladder cancer associated with drugs like Actos. Over 3,000 suits have been brought against the drug manufacturer. In addition to hundreds of lawsuits against the company, it was ordered to pay $6 billion in damages for other Actos related cases. Pharmaceutical companies like Takeda must be held accountable for their actions and the issue of prioritizing sales over patient health must be addressed in order to increase transparency and avoid health risks associated with drugs such as Actos.

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