A jury in Louisiana has spoken, and it has ordered the defendants in a bellwether Actos side effects lawsuit to pay the plaintiff more than $9 billion in damages. Most of this amount will come in the form of punitive damages. The trial was considered a bellwether trial because it was one of the first of thousands that have been filed against Takeda Pharmaceutical Co. Ltd. and Eli Lilly and Co., the makers and marketers of Actos. Actos is a drug that is prescribed for people with diabetes. According to several reports, the courtroom sat in stunned silence after the verdict was announced.
In addition to the $9 billion in punitive damages, the defendants were ordered to pay $1,475,000.00 in compensatory damages. Compensatory damages are those that help plaintiffs recapture actual costs, both in the past and in the future. Examples of compensatory damages include those for medical costs, pain and suffering, loss of income and loss of companionship among others. Punitive damages are awarded as a matter of policy. These damages are meant to ‘punish’ defendants whose conduct is seen as particularly outrageous or depraved.
What Led To This Actos Side Effects Verdict?
The makers of Actos have been sued by thousands of plaintiffs across the United States. These plaintiffs generally allege that taking Actos to manage their diabetes has led to diagnoses of bladder cancer. Typically, people who have used Actos for more than one year have faced a higher risk of developing this dangerous disease than those who either used Actos for a short period of time or those who never used this medication. This specific case involved the claim of bladder cancer resulting from long-term use of Actos.
What Does This Bellwether Case Mean?
The usefulness of bellwether trials in massive legal matters is such that they can set the tone for future claims. As stated above, thousands of additional claims are waiting to be handled in what is known as an Actos Multi-District Litigation, or MDL. In this situation, this enormous verdict for the bellwether plaintiff could lead to fast action from the defendants. Obviously, Eli Lilly and Co. and Takeda Pharmaceutical Co. Ltd. do not want to face the prospect of paying billions of dollars in every individual case that’s pending. Even enormous companies of this size cannot afford such a liability.
What it could mean is that the defendants will realize that they face an insurmountable task in terms of avoiding liability for Actos side effects. That could lead to a willingness to settle these matters with one gigantic payment. However, this result could also lead the defendants to dig in even deeper and to defend their position with even more vigor. Many expect this initial verdict to be appealed while everything else progresses.
What this should tell anyone who has been harmed as a result of using this medication is that they need to obtain the help of experienced Actos side effects lawyers as soon as possible. If this includes you or someone you love, contact Parilman & Associates today to schedule a free initial consultation. You can either email the firm or call 800-800-DRUG.