Takeda, manufacturers of the type 2 diabetes drug, Actos, have failed to overturn the award of $9 billion for covering up risks of bladder cancer associated with the drug.
Takeda and marketing partner Lilly were charged with $9 billion punitive charges in April this year after the companies were found to be guilty of failing to notify patients, doctors and regulatory authorities of risks associated with the drug. Whilst Takeda have failed to overturn the decisio, it intends to launch a separate appeal.
The case of Terrence Allen vs Takeda showed that Takeda had been aware of possible increased risks of bladder cancer years before it included a warning of the risks. Furthermore, the case revealed that Takeda had destroyed thousands of emails and documents related to the cancer risks prior to the trial.
Takeda has recently completed a 10 year epidemiology study showing no statistically significant increased risk of bladder cancer associated with using the drug. At 5 years, the study had shown significantly increased risks of bladder cancer in people taking the medication for over 2 years.
Marketing partner Eli Lilly, which were charged with $3 billion out of the $9 billion total, has previously reported that it should be indemnified by Takeda under the terms of their deal, which would mean Takeda would be responsible for the $9 billion total.

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