9th Cir. Reinstates 3rd Party Payor’s RICO Claims Against Takeda in Actos Case

SAN FRANCISCO — A federal appeals court has reinstated Racketeer Influenced and Corrupt Organization Act claims accusing the maker of Actos of failing to warn prescribing doctors of a link between type 2 diabetes drug Actos and bladder cancer.

In a Dec. 3 opinion, a panel of the 9th Circuit U.S. Court of Appeals concluded that the plaintiffs have sufficiently alleged a direct relationship between their RICO claims and Takeda Pharmaceuticals Company Ltd.’s alleged fraudulent conduct.

Five patients and a third-party payor — the Painters and Allied Trades District Council 82 Heath Care Fund — sued Takeda, accusing the drug …