Judge Rules Against Pfizer Over Neurontin Marketing
4 CommentsBy Ed Silverman // November 4th, 2010 // 6:32 am
A federal judge has ruled that Pfizer violated the California Unfair Competition Law by illegally promoting the Neurontin epilepsy drug. The finding stems from the same case in which a federal jury last March decided the drugmaker violated federal racketeering law for the same practices and must pay $142 million in damages - under federal RICO law, the original $47 million penalty is tripled.
In a lawsuit, Kaiser Foundation Hospitals and the Kaiser Foundation Health Plan, which are based in California, had charged Pfizer with illegally promoting Neurontin for unapproved uses, such as for treating migraine headaches, pain and bipolar disorder (background here and here).
In her ruling, US District Court Judge Patti Saris determined that Pfizer fraudulently marketed Neurontin by making material misrepresentations in advertising supplements and direct communications, and by showing positive info while suppressing negative evidence. She also wrote that “Kaiser has proven that there is little or no scientifically accepted evidence that Neurontin is effective for the treatment of bipolar disorder, neuropathic pain, nociceptive pain, migraine, or doses greater than 1800 mg/day.”
Six years ago, Pfizer agreed to pay $430 million in penalties and pleaded guilty to criminal charges of illegally marketing Neurontin, which was one of the meds that were obtained as part of its 2000 acquisition of Warner Lambert. In making its appeal, Pfizer contended the federal judge improperly allowed details of that case and settlement to be considered by the Boston jury.
UPDATE: A Pfizer spokesman sends us this note: “Pfizer is disappointed with the court’s decision and will aggressively pursue post trial motions and an appeal. This ruling is not consistent with the facts and the law. Pfizer believes that doctors and the FDA, and not courts, should make determinations about the efficacy of medicines and whether they should be prescribed to individual patients.”
MsPiggy
UPDATE: A Pfizer spokesman sends us this note: “Pfizer is disappointed with the court’s decision and will aggressively pursue post trial motions and an appeal. This ruling is not consistent with the facts and the law. Pfizer believes that doctors and the FDA, and not courts, should make determinations about the efficacy of medicines and whether they should be prescribed to individual patients.”
Maybe you left this part out from their spokesperson -we have payed out countless dollars to have our selected shill doctors push misinformation about anything we damn well please to those “people” (anyone dumb enough to use our products).
Doesn’t the government realize we are to big to mess with. Our lawyers will continue to fight for our ability to shamelessly profiteer off the poisons we make. There isn’t a court that can place a dint our business as usual model. Bring on those fines that we have built into the price of our drugs. We will just continue to laugh all the way to the world bank-
with love the Pfizer PR department
David
“Pfizer believes that doctors and the FDA, and not courts, should make determinations about the efficacy of medicines”
in the case of gabapentin, it would have been easier for doctors to make those decisions if Pfizer had published full results of its negative studies in bipolar disorder, nociceptive pain, and migraine.
Bob Arnold
Hey I’m a neurologist and I have seen Neurontin work in neropathic pain, migraine, and yes rarely epilepsy. It was lifechanging for some of my diabetic patients and their neuropathy in dosages far in excess of 1800mg/day-well tolerated also. Just one guy’s take-who is not on Pfizer’s.
Bob Arnold
One other thought, no doubt Kaiser is in this on behalf of their patients medical wellbeing, but Neurontin was quite expensive at one time…..