Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos. In 2006, plaintiff Jack Cooper was prescribed Actos to treat his type 2 diabetes. He took Actos continuously until he was diagnosed with bladder cancer in November 2011.
Jack and Nancy Cooper filed the present lawsuit against Takeda, alleging that Actos caused Jack Cooper’s bladder cancer, and that Takeda failed to adequately warn of this risk. Cooper and his wife asserted claims for negligent failure to warn and strict liability failure to warn, negligent misrepresentation, fraudulent concealment, and loss of consortium, and also sought punitive damages. What legal theories would you expect Takeda to raise in its defense? [Cooper v. Takeda Pharmaceuticals, Cal. App. 4th (2015).]

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