Bloomberg Newswire
October 31, 2006

Bristol-Myers, Sanofi Hid Plavix's Health Risks, Suit Alleges

Oct. 31 (Bloomberg) -- Bristol-Myers Squibb Co. and Sanofi- Aventis, makers of the blood-thinner Plavix, hid the drug's health risks to pump up profits, a Florida woman said in a lawsuit.

Dorothy Hall claims Bristol-Myers and Sanofi misled consumers about whether Plavix outperformed aspirin in preventing heart attacks and didn't disclose that the drug could cause heart attacks and strokes in some users. Plavix, with sales of $6.3 billion last year, was the world's second-biggest- selling drug behind Pfizer Inc.'s cholesterol pill Lipitor. The companies were ``in the business of hiding bad facts about their drug and fabricating more favorable information so they could sell large quantities of Plavix and make giant corporate profits,'' Hall's lawyers said in the suit, filed yesterday in federal court in Trenton , New Jersey .

Both New York-based Bristol-Myers and Paris-based Sanofi said third-quarter profits slumped after generic copies of Plavix flooded the market. Apotex Inc. started selling copies of Plavix in August after U.S. regulators rejected an accord between the three companies to delay generic sales until 2011. A judge ordered Apotex to halt shipments until a court case over Plavix's patents is heard. Bristol-Myers' net income plunged 65 percent in the third quarter after it lost as much as $600 million in Plavix sales. Sanofi said today that profit dropped 12 percent.

Marc Greene, Sanofi's spokesman, wasn't immediately available for comment. Tony Plohoros, a Bristol-Myers spokesman, said the company hadn't seen the suit. ``We don't comment on pending litigation,'' he said.

Consumers Overcharged?

Hall's suit, the first product-liability case over Plavix, comes less than a week after an Alabama company sued Bristol- Myers and Sanofi in federal court in New Jersey , saying the companies were overcharging for the drug. The company seeks to represent all companies that provide health coverage to workers who take the medicine.

Lawyers for Hall allege that Bristol-Myers and Sanofi knew for years that Plavix wasn't more effective at warding off heart attacks and strokes than aspirin. Studies by medical researchers, some financed by the company, showed aspirin was just as good at helping prevent heart problems, the suit said. Executives ``continued to exaggerate the results of their own studies and to make false statements in their advertising and promotional materials for the purpose of increasing their profit from Plavix sales,'' the suit said.

Hall, of Bonita Springs, Florida , took Plavix for about three years starting in December 2002 and suffered two strokes while taking the drug, the suit said. Her lawyers filed the suit in New Jersey because one of Sanofi's U.S. offices is located in Bridgewater , New Jersey .

$4 Per Day

Hall and other consumers are paying the equivalent of $4 per day for Plavix while aspirin costs the equivalent of 5 cents per day, the suit said. Bristol-Myers shares rose 42 cents to $24.75 today in New York Stock Exchange composite trading. They have risen 7.7 percent this year, valuing the company at $48.7 billion. Bristol-Myers is the world's sixth-largest drugmaker by market value.

Shares of Sanofi, the world's third-largest pharmaceutical company behind Pfizer and GlaxoSmithKline Plc, fell 1.90 euros, or 2.8 percent, to 66.60 euros in Paris . The stock has fallen 10 percent this year, making it the biggest decliner in the 15- member Bloomberg Europe Pharmaceuticals index, which has gained 3.8 percent.

The case is Dorothy Hall and Thomas Hall v. Bristol-Myers Squibb Co., et. al., U.S. District Court for the District of New Jersey, No. 06-CV-05203 ( Trenton ).