LexisNexis® Mealey's™ Arthritis Drugs Legal News
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Pfizer Pays Record $2.3B, Accepts Felony Guilty Plea, In Drug Kickback Claims
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BOSTON - Pfizer Inc. on Sept. 2 agreed to a felony guilty plea and a $2.3 billion settlement of federal and state criminal and civil claims of health care fraud for off-label marketing of several drugs and for paying kickbacks to health care providers to prescribe them (United States of America v. Pharmacia & Upjohn Company, Inc., No. 09-cr-10258, D. Mass.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Health Care Companies Seek Injunction Against Settlement BeneficiariesEmail this article to a colleague.
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NEW ORLEANS - Dozens of health insurance companies have filed a motion in federal court in Louisiana for preliminary injunction to withhold the final 15 percent payment to more than 6,400 claimants in the $4.85 billion Master Settlement Agreement (MSA) with Merck & Co. over Vioxx, saying the claimants have refused to participate in a Lien Resolution Program (LRP) to reimburse the companies for Vioxx-related medical care (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
New York County Seeks Remand, Citing Lack Of Federal QuestionEmail this article to a colleague.
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NEW ORLEANS - Chautauqua County, N.Y., filed a motion in the Vioxx multidistrict litigation (MDL) court to remand third-party payer claims to New Jersey state court on Sept. 2, saying that its complaint presents no federal question and that numerous similar cases are pending in New Jersey Superior Court (In Re: VIOXX Products Liability Litigation, MDL 1657, Chautauqua County, New York v. Merck & Co. Inc., No. 08-1642, E.D. La.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Plaintiff Attorneys Say Fee Cap Question Is Ripe For AppealEmail this article to a colleague.
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NEW ORLEANS - A group of Vioxx attorneys objecting to the 32 percent contingency fee cap in cases participating in the $4.85 billion settlement with Merck & Co. filed a notice Sept. 1 requesting certification for interlocutory appeal to the Fifth Circuit U.S. Court of Appeals, saying that the "unusual procedural posture" of the case makes the cap a "collateral final decision" appealable under Cohen v. Beneficial Industrial Loan Corp. (337 U.S. 541 [1949]) (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See August 2009, Page 5).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Dissenting Vioxx Attorney Says Judge's Orders Created Leverage For SettlementEmail this article to a colleague.
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NEW ORLEANS - A plaintiff attorney argues on appeal that the creation of discovery deadlines simultaneously with the announcement of a Master Settlement Agreement (MSA) in November 2007 impermissibly coerced plaintiffs into the claims process to assure Merck & Co. the closure it sought (In Re: VIOXX Products Liability Litigation, No. 09-30446, 5th Cir.; See May 2009, Page 8).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Merck: Plaintiffs Have No Trial Rights After Rejection In SettlementEmail this article to a colleague.
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NEW ORLEANS - Saying a federal magistrate's rejection of claims in the national Vioxx settlement is final, Merck & Co. Inc. filed a brief on Aug. 26 in federal court opposing a motion by unsuccessful claimants to opt out and litigate their claims in court (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Firm Says Fee Cap Forces Attorneys To Litigate Against ClientsEmail this article to a colleague.
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NEW ORLEANS - Saying the Vioxx multidistrict litigation court's procedure for law firms seeking to exceed a court-ordered 32 percent contingency fee cap would force a law firm "to litigate against its own clients," an Oregon law firm filed an objection on Sept. 15 (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See August 2009, Page 5).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Merck Seeks To Compel Louisiana Attorney General To Answer InterrogatoriesEmail this article to a colleague.
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NEW ORLEANS - Merck & Co. Inc. on Aug. 26 moved to compel the Louisiana attorney general to answer interrogatories propounded in a qui tam purchase price lawsuit the state brought as a third-party payer for Vioxx, saying it cannot prepare a defense without the responses (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See July 2009, Page 8).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Baltimore Woman Is Allowed To Withdraw From Vioxx SettlementEmail this article to a colleague.
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ATLANTIC CITY, N.J. - The judge supervising coordinated Vioxx litigation in New Jersey state court has allowed a Baltimore woman to withdraw her consent to participate in the national Vioxx settlement, and instead proceed to trial, in an order docketed Aug. 27 (Virginia Pickett v. Merck & Co. Inc., No. ATL-L-22-06-MT, N.J. Super., Atlantic Co.; See June 2009, Page 8).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Pfizer Urges Approval Of $89M Settlement Resolving Painkiller Consumer ClaimsEmail this article to a colleague.
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SAN FRANCISCO - Pfizer Inc. has ratified a motion by consolidated plaintiffs for approval of an $89 million settlement of consumer claims over Pfizer Inc.'s painkillers Bextra and Celebrex, saying in a Sept. 17 brief that plaintiffs would have difficulty overcoming courts' reluctance to accept aggregate proofs for class action claims (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.; See August 2009, Page 4).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Pfizer Settlement Spawns Putative Class Action Over Drug MarketingEmail this article to a colleague.
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PHILADELPHIA - In the wake of the $2.3 billion settlement of civil and criminal charges between the government and Pfizer Inc. over its marketing of Bextra and other drugs, a putative consumer class action lawsuit was filed Sept. 2 in the U.S. District Court for the Eastern District of Pennsylvania (Kathleen Zafarana, et al. v. Pfizer Inc., et al., No. 09-cv-4026, E.D. Pa.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
$3.5M Verdict Negated By Contributory Negligence In Children's Motrin CaseEmail this article to a colleague.
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CHICAGO - An Illinois federal jury on Sept. 1 awarded $3.5 million to a woman who allegedly developed toxic epidermal necrolysis (TEN) after taking Children's Motrin, but a Virginia law barring recovery where there is contributory negligence negated the compensatory award verdict (Karen Robinson v. McNeil Consumer Healthcare, et al., No. 07-5603, N.D. Ill., Eastern Div.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Derivative Plaintiff Says Pfizer Execs Enriched Selves While Breaching DutiesEmail this article to a colleague.
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NEW YORK - Seeking to make company executives responsible for the recent $2.3 billion settlement between Pfizer Inc. and the federal government, putative derivative class actions have been filed in federal court alleging that Chief Executive Officer Jeffrey B. Kindler and other current and former executives breached fiduciary duties and unjustly enriched themselves by illegally marketing Bextra and other drugs (Henrietta Klein, derivatively on behalf of Pfizer Inc. v. Dennis A. Ausiello, et al., No. 09-cv-7822, S.D. N.Y.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Defense Verdict Stands In Antitrust Drug Case Alleging 'Sham' FDA PetitionEmail this article to a colleague.
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NEW YORK - A federal judge in New York on Aug. 28 left standing a jury verdict that Sanofi-Aventis U.S. L.L.C. did not file a "sham" citizen petition with the U.S. Food and Drug Administration intended solely to delay the approval of generic competitor drugs (Louisiana Wholesale Drug Co. Inc. v Sanofi-Aventis U.S. et al., No. 07-cv-7343, S.D. N.Y.; 2009 U.S. Dist. LEXIS 77206).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - September 24, 2009 Category: Medical Law Source Type: info
Plaintiff Attorneys Seek Final Approval Of Class For Pfizer Drug PurchasersEmail this article to a colleague.
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SAN FRANCISCO - Citing the small number of objectors and saying that an $89 million settlement of consumer claims over Pfizer Inc.'s painkillers Bextra and Celebrex was far less than what plaintiffs thought the claims were worth but far more than Pfizer acknowledged, plaintiffs' attorneys on Aug. 14 filed a motion for final approval of a class (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.; See July 2009, Page 4).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
Settling Attorneys Say Objectors Lack Standing, Have The Right To SueEmail this article to a colleague.
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SAN FRANCISCO - Two weeks before filing their motions for final approval of a refund class regarding Pfizer Inc.'s painkillers Bextra and Celebrex, multidistrict litigation attorneys representing the proposed settlement class filed a response saying objectors to the $89 million settlement lacked standing or had the right to opt out and sue (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.; See July 2009, Page 4 and previous story in this issue).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
Judge Reiterates 32 Percent Cap On Vioxx Attorney FeesEmail this article to a colleague.
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NEW ORLEANS - The judge supervising the Vioxx multidistrict litigation and national settlement on Aug. 3 rejected the motion of a group of attorneys who objected to the 32 percent contingency fee cap in cases participating in the $4.85 billion settlement, but he also created a mechanism for attorneys to petition for a greater percentage in cases involving extraordinary work (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See April 2009, Page 7).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
Louisiana Says It Had Authority To Exclude Vioxx From Hospital FormulariesEmail this article to a colleague.
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NEW ORLEANS - Saying the state had the authority to refuse to cover Vioxx in its Medicaid program, the Louisiana attorney general opposes dismissal of a qui tam purchase price lawsuit over Vioxx, while Merck & Co. opposes the attorney general's motion for discovery to produce evidence it submitted in previous investigations, including one in which the company settled with 29 states and the District of Columbia (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See July 2009, Page 8).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
Plaintiff Seeks Remand, Saying Claims Are Mainly Against In-Forum AttorneyEmail this article to a colleague.
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NEW ORLEANS - Saying that her claims are primarily for legal malpractice against an in-forum attorney who failed to file a timely lawsuit and that Merck & Co. was added as a defendant only out of "an abundance of caution," a Louisiana woman filed a motion for remand Aug. 10 in the Vioxx multidistrict litigation court (In Re: VIOXX Products Liability Litigation, MDL 1657, Sandra Hurst v. Michael D. Riley, et al., No. 09-4373, E.D. La.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
Federal Vioxx Judge Appoints Attorneys To Handle Remaining ClaimsEmail this article to a colleague.
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NEW ORLEANS - The judge supervising Vioxx multidistrict litigation and the national settlement appointed a stripped-down Plaintiff's Steering Committee (PSC) on July 13 to oversee the claims of plaintiffs who either refused to opt in to the settlement or whose claims are ineligible for compensation (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
Merck Says Shareholders Were On Inquiry Notice Of Possible Fraud With VioxxEmail this article to a colleague.
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WASHINGTON, D.C. - Merck & Co.'s shareholders were on inquiry notice of the possibility that the company had concealed the cardiovascular risks of its painkiller Vioxx more than two years before they filed suit, the company says in a merit brief filed with the U.S. Supreme Court on Aug. 10, arguing that the district court dismissal of the case on the statute of limitations was correct (Merck & Co., et al. v. Richard Reynolds, et al., No. 08-905, U.S. Sup.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
N.J. Vioxx Judge Denies Reconsideration Of Denial Of Consumer ClassEmail this article to a colleague.
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ATLANTIC CITY, N.J. - New Jersey's Vioxx court on Aug. 13 denied reconsideration of a decision not to certify an individual consumer class, saying the plaintiffs asserted no new grounds (Elaine Kleinman v. Merck & Co. Inc., No. ATL-L-3954-04, Ronald Martin v. Merck & Co. Inc., No. ATL-L-24-05, N.J. Super., Atlantic Co.; See May 2009, Page 10).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
Shareholders Seek Discovery Into Creation Of Merck Defense ReportEmail this article to a colleague.
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ATLANTIC CITY, N.J. - Shareholders alleging that Merck & Co. concealed knowledge of the risks of Vioxx to keep the company's stock price up filed a motion Aug. 3 in New Jersey state court for discovery into an exculpatory internal report that Merck says is protected by the attorney-client privilege (Ellen Fagin, et al. v. Edward M. Scolnick, et al., No. ATL-L-3406-07-MT, N.J. Super., Atlantic Co.; See November 2008, Page 9).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
Merck Says It Settled Third-Party Claims; SEC Drops ProbeEmail this article to a colleague.
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WHITEHOUSE STATION, N.J. - Merck & Co. has settled private third-party payer claims involving Vioxx for $80 million, and the Securities and Exchange Commission has told the company it closed an investigation into the research and marketing of Vioxx, the company announced in an Aug. 3 filing with the SEC.
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
FDA Requires Cancer Warnings For TNF BlockersEmail this article to a colleague.
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ROCKVILLE, Md. - The U.S. Food and Drug Administration will require a boxed warning of an increased risk of cancer in children and adolescents who receive monoclonal antibodies known as TNF blockers to treat juvenile rheumatoid arthritis, Crohn's disease and other inflammatory diseases, the agency announced Aug. 4.
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - August 28, 2009 Category: Medical Law Source Type: info
Bextra/Celebrex Objectors Say Consumer Settlement Presents Intraclass ConflictsEmail this article to a colleague.
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SAN FRANCISCO - Individuals and institutions have filed objections to a proposed $89 million class settlement of purchase price claims over Pfizer's painkillers Bextra and Celebrex, saying the settlement provides no protection from intraclass conflicts (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. 05-1699, N.D. Calif.; See April; 2009, Page 5).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Saying Claims Lag, Bextra Class Lawyers Seek Additional NoticeEmail this article to a colleague.
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SAN FRANCISCO - Attorneys representing a proposed class of consumers of Pfizer Inc.'s painkillers Bextra and Celebrex have filed a motion to supplement notice to former Bextra users that would eliminate the need for them to file a claim form, saying the claims administrator has received claims for only $1.9 million out of $20.4 million available to the subclass (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.; See April 2009, Page 5).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Objectors Reiterate Opposition To Fee In Bextra/Celebrex MDLEmail this article to a colleague.
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SAN FRANCISCO - Two attorneys who objected on differing grounds to a federal special master's report approving a $42.6 million common benefit fee to the Plaintiffs' Steering Committee (PSC) in the multidistrict litigation over Pfizer Inc.'s painkillers Bextra and Celebrex filed new objections on June 22 (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.; See June 2009, Page 4).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Louisiana Wants Merck To Produce Vioxx Evidence From Prior InvestigationsEmail this article to a colleague.
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NEW ORLEANS - The Vioxx multidistrict litigation judge should compel Merck & Co. to produce evidence it submitted in previous investigations, including one in which the company settled with 29 states and the District of Columbia, Louisiana's attorney general says in a July 16 motion (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See June 2009, Page 8).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Law Firms Fight Over Client Who Opted Out Of National SettlementEmail this article to a colleague.
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NEW ORLEANS - Two Vioxx law firms are battling over who represents a client, with one firm saying it obtained the client compensation in the national settlement and another firm saying it has opted the client out to take his chances at trial (In Re: VIOXX Products Liability Litigation, MDL 1657; Gene Weeks v. Merck & Co. Inc., No. 2:05-cv-4578, E.D. La.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Claims Severed, Remanded After Doctors Are Ruled Not Indispensible PartiesEmail this article to a colleague.
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CLEVELAND - A federal judge severed and remanded malpractice claims against Ohio physicians from product liability claims against Remicade manufacturer Centocor July 8, saying the health care providers are not necessary or indispensible parties to the litigation (Anthony DeGidio v. Centocor, Inc., et al., No. 3:09-cv-721, N.D. Ohio; 2009 U.S. Dist. LEXIS 61412).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Pfizer: Plaintiffs' Experts' Scientific Theories Don't Pass Daubert MusterEmail this article to a colleague.
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NEW YORK - Pfizer Inc. filed a motion July 17 in the Southern District of New York to exclude key plaintiffs' medical experts in securities litigation, saying their opinions about the company's painkillers Bextra and Celebrex, which underlie the shareholder litigation, are not scientifically reliable (In re Pfizer Inc. Securities Litigation, No. 04-9866, S.D. N.Y.; See July 2008, Page 13).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Third-Party Lawsuit Over Celebrex Stayed Pending Outcome Of AppealEmail this article to a colleague.
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NEWARK, N.J. - Citing a similar case recently granted certiorari by the U.S. Supreme Court, the judge overseeing third-party payer federal litigation brought in New Jersey by labor union health benefit providers over Pfizer Inc.'s painkiller Celebrex ordered a stay on June 23, pending action in the other case (Alaska Electrical Pension Fund, et al. v. Pharmacia Corporation, et al., No. 3:03-cv-1519, D. N.J.; See June 2009, Page 11).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Former Pfizer Rep Sentenced To Home Confinement Over Off-Label Bextra PromotionEmail this article to a colleague.
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BOSTON - A former Pfizer district sales manager was sentenced in federal court July 16 to six months of home confinement with electronic monitoring and three years of probation stemming from a March conviction on obstruction of justice for altering computer files to conceal illegal off-label drug promotion (United States of America v. Thomas Farina, No. 08-cr-10049, D. Mass.; See March 2009, Page 13).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Texas Federal Jury Returns $1.67 Billion Verdict In Drug Patent SuitEmail this article to a colleague.
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MARSHALL, Texas - In what some court observers are calling the largest patent infringement verdict in U.S. history, a Texas federal jury on June 29 returned a $1.67 billion verdict in a case involving competing arthritis drugs (Centocor Ortho Biotech Inc., et al. v. Abbott Laboratories, et al., No. 2:07-cv-139, E.D. Texas).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - July 31, 2009 Category: Medical Law Source Type: info
Bextra-Celebrex Master Approves MDL Fee Of $42.6 Million To LawyersEmail this article to a colleague.
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SAN FRANCISCO - The judge supervising consolidated federal court litigation over Pfizer Inc.'s painkillers Bextra and Celebrex on June 15 approved his special master's recommendation of a $42.6 million common benefit fee to the Plaintiffs' Steering Committee (PSC) (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.; See May 2009, Page 6).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
$26.1M Vioxx Death Verdict Again Vacated By Texas Appeals CourtEmail this article to a colleague.
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HOUSTON - A Texas appeals court on June 4 reaffirmed its decision to overturn a $26.1 million Vioxx death verdict, saying opinions by plaintiff experts that Vioxx caused a blood clot that could not be found during an autopsy were "conjecture" not allowed by evidentiary standards (Merck & Co., Inc. v. Carol A. Ernst, et al., No. 14-06-00835-CV, Texas App., 14th Dist.; See June 2008, Page 4).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
Pro Se Objector To Vioxx Settlement Now Wants To Opt InEmail this article to a colleague.
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NEW ORLEANS - A pro se plaintiff who attempted unsuccessfully to challenge the legality of the Vioxx national settlement to the U.S. Supreme Court has obtained counsel and wishes to be admitted into the settlement program she once attacked as corrupt (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See November 2008, Page 5).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
Merck Argues Rules Governing Medicare Prohibit Louisiana SuitEmail this article to a colleague.
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NEW ORLEANS - The State of Louisiana had no discretion whether or not to pay for Vioxx for covered residents, Merck & Co. says in a motion to dismiss the state's qui tam purchase price lawsuit filed June 9 in U.S. District Court for the Eastern District of Louisiana (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See Oct. 2005, Page 14).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
Merck Says Plaintiff Had Ample Notice Of Vioxx Settlement's TermsEmail this article to a colleague.
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ATLANTIC CITY, N.J. - Merck & Co. does not outright oppose a Vioxx plaintiff's motion to vacate her consent to participate in the Master Settlement Agreement in favor of trial, but in a June 2 response filed in coordinated Vioxx litigation in the Atlantic County, N.J., Superior Court, it points out the extensive notice the plaintiff should have had to the terms of the settlement before she opted in (Virginia Pickett v. Merck & Co. Inc., No. ATL-L-22-06-MT, N.J. Super., Atlantic Co.; See February 2009, Page 10).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
Man Says Enbrel Maker Altered, Withheld Records For Clinical StudyEmail this article to a colleague.
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LOS ANGELES - A California man says the maker of Enbrel altered his medical records to get him into a clinical trial for a new use but failed to warn him that the drug can cause heart damage and whole-body hair loss, according to a complaint filed May 26 in state court (William Christopher Moke v. Amgen, Inc., et al., No. n/a, Calif. Super., Los Angeles Co., Central Dist.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
Appeals Court Affirms Decision Creating Class Of Vioxx PurchasersEmail this article to a colleague.
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KANSAS CITY, Mo. - Plaintiffs have satisfied Missouri requirements for a purchase price class, the state's Court of Appeals ruled May 12 in affirming a lower court's certification of a Vioxx class under the Missouri Merchandising Practices Act (MMPA) (Mary Plubell, et al. v. Merck & Co., et al., No. WD69808, Mo. App., Western Dist.; 2009 Mo. App. LEXIS 597; See January 2006, Page 8).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
Shareholder Plaintiffs Seek To Unseal Celebrex DocumentsEmail this article to a colleague.
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NEWARK, N.J. - Labor union health benefit providers filed a motion in the U.S. District Court for the District of New Jersey on June 8 to unseal documents in a shareholder derivative suit over Pfizer Inc.'s painkiller Celebrex, saying that when the Third Circuit U.S. Court of Appeals reversed the trial judge's grant of summary judgment, it also said it was "unpersuaded by the Court's reliance on the so-called 'self-critical analysis privilege' as a basis for sealing" (Alaska Electrical Pension Fund, et al. v. Pharmacia Corporation, et al., No. 3:03-cv-1519, D. N.J.; See February 2009, Page 14).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
Pfizer Sales Manager Gets Probation, $75,000 Fine For Off-Label Promotion Of BextraEmail this article to a colleague.
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BOSTON - A former Pfizer sales representative was sentenced June 18 to two years probation and fined $75,000 for off-label promotion of the Bextra COX-2 inhibitor drug (United States of America v. Mary Holloway, No. 09-10089, D. Mass.; See April 2009, Page 10).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
Obama Orders Halt, Review Of Regulatory Preemption PreamblesEmail this article to a colleague.
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WASHINGTON, D.C. - President Obama on May 20 moved to undo Bush administration preemption regulations by ordering department and agency heads not to include preemption preambles and to review past preemption preambles.
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - June 25, 2009 Category: Medical Law Source Type: info
U.S. Supreme Court Grants Merck Certiorari In Vioxx Shareholder CaseEmail this article to a colleague.
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WASHINGTON, D.C. - The U.S. Supreme Court on May 26 granted Merck & Co.'s petition for certiorari, which appeals the Third Circuit U.S. Court of Appeals' reversal of dismissal of a shareholder class action alleging that the company inflated the value of its stock by downplaying the risks of its former painkiller Vioxx (Merck & Co., et al. v. Richard Reynolds, et al., No. 08-905, U.S. Sup.; See April 2009, Page 4).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - May 30, 2009 Category: Medical Law Source Type: info
California Judge Says Third-Party Claims Lack Sufficient TypicalityEmail this article to a colleague.
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LOS ANGELES - The judge supervising coordinated Vioxx litigation in California has dismissed a putative purchase price class, saying reliance of plaintiffs, physicians and third-party health benefit providers are not subject to common proof (In re Vioxx Consolidated Class Action, JCCP 4247, Calif. Super., Los Angeles Co.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - May 30, 2009 Category: Medical Law Source Type: info
Prescription Manager Is Dismissed From Suit Asserting Derivative ClaimsEmail this article to a colleague.
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NEWARK, N.J. - Merck-Medco Managed Care LLC, the former health benefits provider owned by Merck & Co., on April 21 was dismissed without prejudice by agreement of the parties from a shareholders' derivative lawsuit (In Re: Merck & Co., Inc., Securities, Derivative & "Erisa" Litigation, MDL No. 1658, Nos. 05-1151 and 05-2369, D. N.J.; See June 2008, Page 11).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - May 30, 2009 Category: Medical Law Source Type: info
Law Firm: Bextra-Celebrex Common Benefit Motion Is Excessive And OpaqueEmail this article to a colleague.
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SAN FRANCISCO - A law firm active in pharmaceutical mass torts asked the judge supervising the Bextra and Celebrex multidistrict litigation on May 1 to reject a $42.6 million common benefit fee sought by the Plaintiffs' Steering Committee (PSC) on the ground that it is excessive and that the supporting motion is "overstated, inflated, and improperly boastful" and to unseal supporting documentation (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL Docket No. 1699, No. M:05-CV-1699, N.D. Calif.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - May 30, 2009 Category: Medical Law Source Type: info
Plaintiff Committee In Vioxx MDL Subpoenas Dissenting AttorneyEmail this article to a colleague.
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NEW ORLEANS - A plaintiff attorney who has raised a variety of objections to the Vioxx Master Settlement Agreement and conduct of the federal multidistrict litigation was subpoenaed April 28 by the plaintiffs' liaison counsel in the litigation (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Source: LexisNexis® Mealey's™ Arthritis Drugs Legal News - May 30, 2009 Category: Medical Law Source Type: info
