New York, New York

HomeNew YorkNew York

Email Eric T. Chaffin Eric T. Chaffin on Twitter Eric T. Chaffin on Facebook Eric T. Chaffin on Avvo
Eric T. Chaffin
Eric T. Chaffin
Attorney • (888) 480-1123

Judge Finds Takeda Pharmaceuticals Destroyed Documents about Actos

Comments Off

Federal Judge Rebecca Doherty found that Takeda Pharmaceuticals acted in “bad faith” when it got rid of documents pertaining to Actos. Actos is used to treat Type 2 diabetes. In a June 2014 ruling, the “Court finds Takeda acted in bad faith as to the deletion and destruction of documents, and engaged in willful abuse of the judicial process in an attempt to conceal that deletion and destruction” (MDL No. 6:11-md-2299).

Takeda was ordered to “reconstruct” all the files that were deleted and to provide a timeline to the Court.

In January 2014, Judge Doherty ruled that Takeda destroyed documents and other materials related to Actos, even after putting a “litigation hold” on that data in 2002. The witness called to testify about the destroyed documents apparently never worked for Takeda, and did not know a lot about “evidence holds” according to public reports.

Takeda Ordered to Pay $9 Billion in Actos Trial

In April 2014, Takeda was ordered to pay $9 billion in damages to a plaintiff who had bladder cancer caused by the drug Actos.

Actos (pioglitazone) was approved by the FDA for use in 1999, and marketed to help improve blood sugar levels in adults with Type 2 diabetes.

According to the American Diabetes Association, Type 2 diabetes is diagnosed by checking your blood glucose levels. Glucose, a form of sugar, is needed to fuel your cells with the help of insulin. High blood glucose levels are the result of not enough or no insulin produced by the body.

In 2011, the FDA released a safety announcement warning patients that using the drug for more than a year could increase their chances of developing bladder cancer. The FDA reviewed data from a five-year analysis of an ongoing study in France. It was found that those patients exposed to Actos for longer periods of time and who receive higher doses have an increased risk of bladder cancer. Some signs and symptoms that are cause for concern when taking pioglitazone include:

• Blood/red color in your urine
• Painful urination
• Back or lower abdomen pain
• Frequent urination

Other less serious side effects include:

• Weight gain
• Tooth problems
• Muscle pain
• Sore throat

Remember, do not stop or start taking Actos until you have discussed it with your doctor. If you or a loved one suffered or suffer from bladder cancer after using the drug, you should consult your doctor and contact an attorney today.