In re Neurontin Mktg. And Sales Practices Litig..This Document Relates To:kaiser Found. Health Plan Inc.
Decision Date | 03 November 2010 |
Docket Number | Civil Action No. 04–cv–10739–PBS. |
Citation | 748 F.Supp.2d 34 |
Parties | In re NEURONTIN MARKETING AND SALES PRACTICES LITIGATION.This Document Relates to:Kaiser Foundation Health Plan, Inc., et al.v.Pfizer, Inc., et al. |
Court | U.S. District Court — District of Massachusetts |
OPINION TEXT STARTS HERE
Linda P. Nussbaum, Kaplan Fox & Kilsheimer LLP, New York, NY, Thomas M. Greene, Greene LLP, Boston, MA, and Thomas M. Sobol, Hagens Berman Sobol Shapiro, Cambridge, MA, for Kaiser Foundation Health Plan, Inc.Mark S. Cheffo, Skadden Arps, New York, NY, Raoul Kennedy, Skadden Arps, San Francisco, CA, and James E. Hooper, Wheeler Trigg O'Donnell LLP, Denver CO, for Pfizer, Inc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Approved by the Food and Drug Administration (FDA) in 1993 as a secondary treatment for epilepsy, Neurontin became one of the top selling drugs in the world. Sales rose from fewer than 50,000 prescriptions in 1995 to more than 1.4 million in 2004. The success of the drug was due to the illegal activities of Parke–Davis, Warner–Lambert and Pfizer, companies that undertook a nationwide effort to unlawfully market this drug for off-label uses for which there was little or no scientific evidence of efficacy. The Food, Drug and Cosmetic Act (FDCA) prohibits such off-label marketing by pharmaceutical companies. See 21 U.S.C. § 355(a).
Dubbed “snake oil” by Pfizer's own sales team, Neurontin was promoted through a publication strategy that suppressed negative clinical trials and showcased positive ones. Pfizer also sponsored continuing medical education programs and detailed doctors to promote off-label uses of the drug. Eventually Warner–Lambert pled guilty to criminal violations of the FDCA and paid civil fines and criminal penalties totaling $430 million.
This action, which was independently filed in the District of Massachusetts, is related to a larger multi-district litigation (MDL) that consolidates for pretrial purposes Neurontin-related civil lawsuits brought nationwide. One group of MDL cases consists of products liability actions claiming that Neurontin caused someone to commit or attempt to commit suicide. Another group of cases involves lawsuits related to the sales and marketing of Neurontin. This case falls within the latter category. Pfizer previously moved for summary judgment in most of the sales and marketing cases. The Court allowed the summary judgment motion as it related to plaintiffs Guardian Life Insurance Company and Aetna, Inc., two other third party payors, because the Court found that these companies had not provided admissible evidence to create disputed fact issues with respect to reliance or causation. See In re Neurontin Mktg. & Sales Practices Litig., 677 F.Supp.2d 479 (D.Mass.2010).
Kaiser Foundation Health Plan and Kaiser Foundation Hospitals (collectively, “Kaiser”), bring this case against Pfizer, Inc. and Warner–Lambert Company (collectively, “Pfizer”), alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and the California Unfair Competition Law (“UCL”). See 18 U.S.C. § 1962(c) (RICO); Cal. Bus. & Prof.Code § 17200(UCL). Kaiser spent about $200 million on Neurontin from 1996 to 2004. After a five-week trial, on March 25, 2010 a federal jury found that Pfizer engaged in a RICO enterprise that committed mail and wire fraud by fraudulently marketing Neurontin for off-label conditions such as bipolar disorder, neuropathic pain, and migraine, and at doses greater than 1800 mg/day. The jury found for defendants with respect to plaintiffs' claims of fraudulent promotion of Neurontin for nociceptive pain.1 The jury rendered a verdict in plaintiffs' favor on the remaining claims in the amount of $47,363,092. ( See Jury Verdict, Docket No. 2760.) The statute requires the Court to treble the award to $142,089,276. 18 U.S.C. § 1964(c).
Now before this Court is the question of whether that same conduct violated the UCL. During a trial that spanned five weeks, the parties presented testimony of twenty-one live witnesses and eighteen witnesses by deposition. The trial involved...
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...or practices under California's Unfair Competition Law and awarded plaintiffs $95,286,518 in restitution. In re Neurontin Mktg. & Sales Practices Litig., 748 F.Supp.2d 34 (D.Mass.2010). Judgment was entered on February 22, 2011 (Docket No. 3326). Defendants have filed a Motion for New Trial......