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Actos mass tort ads track litigation developments

10/30/2014

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Mass tort advertising targeting the diabetes drug Actos increased by 65% in September -- following the loss of a bid in August to throw out a $9 billion punitive-damage award over claims the drugmakers, Takeda and Eli Lilly, hid the cancer risks of the diabetes medicine.

While the drugmakers subsequently won a more than 99 percent cut in the award in ruling on a separate motion earlier this week, the reduced award total of $36.8 million will likely be subject to further appeal.

The increase is consistent with earlier shifts in Actos mass tort advertising following key litigation developments.

Actos, once the world’s best-selling diabetes medicine, is at the center of thousands of lawsuits across the country.

As the graph below indicates, over the past 6 months, mass tort advertising volumes focused on the drug fluctuated wildly from the $1.2 million spent in April following the first loss by Takeda in Lousiana federal court and the imposition of that multibillion dollar verdict early that month to a low of just over $300,000 spent in August following victories for the drugmaker in Nevada and Illinois state courts in May.


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Reflecting the national scope of the litigation, over half of all ad spending in September was devoted to ads airing on national broadcast and cable networks.  

While about a dozen advertisers purchased Actos ads in September, three sponsors --  the lead generation firm The Relion Group and the Goldwater and Stewart & Stewart law firms-- accounted for over 90% of all estimated ad spending.

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Given these trends, it should come as no surprise if mass tort advertising volumes increase in October and beyond in light of the Louisiana verdict and the $2 million damage award to an Actos plaintiff in the Philadelphia Court of Common Pleas in early October.
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