Two drugmakers are arguing that a record-breaking $9 billion verdict over diabetes drug Actos should be set aside because their alleged failure to warn of the risks of bladder cancer from Actos did not rise to the level of a wanton disregard for the safety of others.
The $9 billion in punitive damages is reported to be the seventh largest punitive damages verdict in American history, according to defense court papers. A jury in the bellwether trial found that the plaintiffs were owed $1.475 million in compensatory damages and $9 billion in punitive damages. Plaintiff Terrance Allen alleges that his use of Actos caused him to develop bladder cancer.
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