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BALTIMORE — (Mealey’s) A Maryland state court jury on Sept. 26 awarded $1.76 million in the second Actos bladder cancer case to go to trial (An v. Takeda Pharmaceuticals America, Inc., No. 24-C12003565, Md. Cir., Baltimore City).
(Verdict sheet available. Document #28-131003-013V.)
The jury in the Baltimore City Circuit Court found that defendant Takeda Pharmaceuticals Co. adequately warned the doctor of decedent Diep An of the risk of bladder cancer from Actos, a prescription drug to lower blood glucose in type 2 diabetics.
On the question of breach of implied warranty, the jury found that Actos was fit for its ordinary purpose and that Takeda did not breach that warranty.
Negligent Failure To Warn
On the issue of negligent failure to warn, the jury found that Takeda negligently failed to adequately warn An’s physician of the risk of bladder cancer from Actos that Takeda knew or should have known. The jury also found that the failure to adequately warn An’s doctors was a substantial factor in causing An to develop bladder cancer.
However, the jury also found that An “failed to exercise reasonable and ordinary care for his own health and safety, and that his failure was a substantial factor in causing him to develop bladder cancer.”
The jury awarded An’s estate $330,000 in noneconomic damages and $295,000 for past medical expenses. It also found that Takeda’s conduct injured Diep’s wife, Camhong An, and awarded her $540,000 for loss of consortium.
Finally, the jury awarded $200,000 each to the couple’s children, Amy An, Nancy An and Sandy An.
Causation, Warning Denied
Diep An took Actos from 2007 and was diagnosed with bladder cancer in 2011.
Takeda argued that An’s bladder cancer was not caused by Actos and that it adequately warned about the risk of bladder cancer.
The first Actos trial took place in California state court. A jury awarded $6.5 million, but the judge later nonsuited the case after finding that the testimony of the plaintiff’s specific causation expert was not reliable.
The An family is represented by Stuart Simms of Brown, Goldstein & Levy in Baltimore and Michael Miller of the Miller Firm in Orange, Va. Takeda is represented by Craig Thompson of Venable in Baltimore.
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