Charting The Course Of Product Liability: From Yasmin/Yaz To Actos
Bayer’s birth control pills Yasmin and Yaz face the most pharmaceutical product liability actions in federal court followed by Pfizer’s Prempro and GlaxoSmithKline’s Avandia. While GSK has settled the bulk of cases before a single trial, Merck and Novartis are winning Fosamax and Aredia jury verdicts.
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Even after multiple bellweather wins, Janssen and Bayer still face claims they did not warn doctors about concomitant use with Plavix and aspirin; as case begins in Philadelphia, plaintiff's attorney tells jury the firms were 'silent,' while defense points to doctors' testimony that a different warning would not have changed their prescribing.
2014 saw some big settlements in personal injury suits involving Rx drugs, but it’s unclear whether this is a trend or just situation-specific decision-making, since fierce litigation continues for many other products.
Jury awarded $1.5 million in compensatory damages and $9 billion in punitive damages against Takeda and Lilly; judge said jurors could consider Takeda’s destruction of evidence, which included a concern about Actos’ “margin of safety.”