|
MEALEY'S
LITIGATION REPORT:
Class Actions
Vol.
6, #17
November
2, 2006
NEWARK,
N.J. - An Alabama-based company filed a class action lawsuit
on Oct. 17, alleging that the manufacturers of the blood thinner
Plavix duped third-party payers into paying for insureds'
prescriptions of the anti-coagulant drug despite the drug
only providing minimal benefit to many patients and posing
serious health risks to others (Skilstaf Inc. v. Bristol-Myers
Squibb Company, et al., No. 3:06-cv- 04965, D. N.J.).
(Complaint in Section C. Document #43- 061102-112C.)
Alexander,
Ala.-based business consulting firm Skilstaf Inc. filed a
class action complaint in the U.S. District Court for the
District of New Jersey, alleging that Bristol-Myers Squibb
Co., Sanofi-Aventis and Sanofi-Synthelabo Inc. manufactured
and marketed Plavix to American consumers even though they
were aware the drug posed a serious risk of heart attack,
stroke, serious blood disorders and death.
Skilstaf
claims that the defendants emphasized profits over patient
safety. The plaintiff further claims that the defendants were
aware that Plavix was only minimally more efficacious than
aspirin in preventing heart attacks and strokes.
Skilstaf
alleges that the defendants exaggerated the results of studies
and made false statements in their advertising and promotional
materials for the sole purpose of increasing the profits from
sales of Plavix.
The
plaintiff claims that the defendants repeatedly thwarted the
law and their duty to tell the public the truth about the
drug they were allegedly overpromoting.
Skilstaf
maintains that the defendants repeatedly ignored U.S. Food
and Drug Administration warnings to stop misleading consumers
about the use of Plavix.
Putative
Class
The
plaintiff seeks to represent a class of all entities that
made third-party payments for Plavix.
Skilstaf
seeks damages for violations of the New Jersey Consumer Fraud
Act, breach of express warranty, breach of implied warranty
of merchantability and unjust enrichment.Skilstaf seeks actual
damages, compensatory damages, disgorgement of unjustly paid
sums of money, punitive damages and attorney fees and costs.
Skilstaff
Counsel
Michele
A. DiMartino of Miller & Associates in Bala Cynwyd, Pa.; Nancy
Hersh, Mark E. Burton, Charles E. Kelley and Nicola T. Drake
of Hersh & Hersh in San Francisco; Russell J. Drake and W.
Todd Harvey of Whatley Drake & Kallas in Birmingham, Ala.;
Mitchell Breit of Whatley, Drake & Kallas in New York; and
Michael J. Miller, J. Christopher Ide and Christopher A. Gomez
of Miller & Associates in Alexandria, Va., represent the plaintiff.
Consumer
Class Action
On
Oct. 30, a New Jersey couple sued Bristol-Myers Squibb in
what is believed to be the first personal injury lawsuit involving
the blood-thinning drug (Dorothy and Thomas Hall v. Bristol-Myers
Squibb, et al., No. 3:06-cv-05203, D. N.J.).
(Hall
complaint available. Document #43- 061102-024C.)
Dorothy
and John Hall filed a complaint in the U.S. District Court
for the District of New Jersey, alleging that Bristol-Myers
and Sanofi-Aventis are misleading the public and hiding the
risks associated with Plavix. The allegations are similar
to those alleged in the third-party payor suit detailed above.
The
plaintiffs seek damages for violation of the New Jersey Product
Liability Act, the New Jersey Consumer Fraud Act and the New
Jersey Punitive Damages Act. They seek compensation for the
injuries sustained as a result of the defendants' negligent
and wrongful conduct in connection with the design, development,
manufacture, testing, packaging, promoting, marketing, distributing
and labeling of Plavix.
Hall
Counsel
Michele A. DiMartino of Miller & Associates in Bala Cynwyd,
Pa., Nancy Hersh, Mark E. Burton, Charles E. Kelley and Nicola
T. Drake of Hersh & Hersh in San Francisco and Michael J.
Miller, J. Christopher Ide, Timothy Farrell and Christopher
A. Gomez of Miller & Associates in Alexandria, Va., represent
the plaintiffs.
|
