The first federal Actos trial is underway in Lafayette, La., before Judge Rebecca Doherty. Following jury selection, which took place the week before, the trial started on Feb. 4 and was ongoing at press time for this issue. Prior to the start of the trial, Judge Doherty entered an order relating to Takeda’s widespread destruction of documents related to Actos. Takeda admitted that it was unable to produce the files of at least 46 Takeda employees – including high-ranking Takeda executives involved in the development of Actos – which was impossible to understand. In Judge Doherty’s words:
The breadth of Takeda leadership whose files have been lost, deleted or destroyed is, in and of itself, disturbing. (Emphasis added)
The trial is expected to continue into April. Thus far, we believe that the trial has gone very well. It’s quite obvious that Takeda had knowledge of the problems with Actos and withheld it. Mark Lanier, based in Houston, Texas, is the lead lawyer for the plaintiff in this case. Andy Birchfield, who is a member of the Plaintiffs Steering Committee in the multidistrict litigation (MDL), is actively involved in the Actos litigation. More will be reported on this most important trial next month. There were some very interesting developments on Feb. 23 involving testimony from Takeda officials that may blow the top off this case – stay tuned!
If you need more information on Actos, or you have a potential Actos claim, you can contact Roger Smith, a shareholder in our firm’s Mass Torts Section, at 800-898-2034 or Roger.Smith@beasleyallen.com.
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