Calif. Federal Judge Certifies Third-Party Payor Class Action Against Actos Makers

LOS ANGELES — A California federal judge has certified a multi-billion dollar class action against Takeda Pharmaceutical Co. and Eli Lilly and Co. which accuses them of violating the civil Racketeer Influenced and Corrupt Organizations Act by concealing the risk of bladder cancer posed by their type 2 diabetes drug Actos.

In a May 24 order, Judge John W. Holcomb of the U.S. District Court for the Central District of California found the proposed class “easily satisfies” Rule 23(a)’s mandatory requirements — numerosity, commonality, typicality and adequacy — and Rule 23(b)(3)’s superiority requirement.

The certified class consists of TPPs in …