INDIANAPOLIS — In response to allegations that Takeda Pharmaceuticals and Eli Lilly and Co., intentionally hid the health risks of Actos from consumers, a jury awarded the defendants a $9 billion settlement in which Takeda would pay $6 billion and Eli Lilly the other $3 billion.
However, when reviewed by a federal judge, the settlement was reduced by over 99% to just $36.8 million. U.S. District Judge Rebecca Doherty of Lafayette, La., determined that the original award was excessive and led to her reducing it “to the maximum amount a jury could have properly awarded.”
“While we have empathy for the plaintiff, we believe the evidence did not support his claims,” Mike Harrington, senior vice president and general counsel at Lilly, said to the Indy Star, “We will continue working vigorously to overturn the verdict.”
While the original settlement led to Lilly asserting that Takeda was fully responsible and should pay all damages, the reduced rate will likely lead to Lilly stepping back from previous claims against Takeda.
The original settlement was awarded after a trial within a multidistrict litigation that involved thousands of Actos lawsuits. However, Takeda is still facing over 8,000 U.S. lawsuits regarding its handling of Actos.
Lilly and Takeda have not been partners on the drug since 2006 with Lilly retaining the right to sell the drug in Asia, Europe, Canada and Mexico. At one time, Actos charted sales of nearly $4.5 billion per year.
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