Md. Negligence Doctrine Gives Takeda Win In Actos Suit
By Sindhu Sundar
Law360, New York (September 27, 2013, 5:42 PM ET) -- Takeda Pharmaceuticals USA Inc. on Thursday dodged a potential $1.8 million jury award in a suit over its diabetes drug Actos because the Maryland jury also found that the plaintiff had contributed to his death from bladder cancer, which bars damages under state contributory negligence law.
Under Maryland law, if a jury finds that a patient may have in some way contributed to his or her own death after consuming a product, then a company that made the product cannot be penalized. So even though...