On August 20, 2009, Bloomberg news announced that Eli Lilly & Co. has agreed to pay $22.5 million to settle a Zyprexa lawsuit brought by the state of West Virginia claiming the company improperly marketed its antipsychotic drug Zyprexa. Zyprexa has been the subject of federal and state investigations into whether the company marketed the drug, approved for schizophrenia and bipolar disorder, for unapproved, or off-label, uses.

Eli Lilly will pay $15.75 million to West Virginia and $6.75 million to lawyers representing the state, according to a court filing unsealed today. The West Virginia agreement calls for Eli Lilly to pay $14.75 million to be used to fund behavioral mental health services and $1 million for consumer protection purposes in the state. Eli Lilly didn’t admit any wrongdoing in settling the lawsuit.  The West Virginia Zyprexa case is part of In re: Zyprexa Products Liability Litigation, 04-MD-1596, U.S. District Court, Eastern District of New York (Brooklyn).

The West Virginia Zyprexa suit was one of a dozen state Zyprexa claims pending against the company seeking reimbursement for funds spent on Medicaid, the government’s health program for the poor.  According to Bloomberg news, Eli Lilly & Co. had previously settled a Zyprexa marketing investigation in January with the U.S. Justice Department and promised to pay $1.42 billion, including roughly $362 million to more than 30 states.  Zyprexa, part of a class of medications called atypical antipsychotics, has been linked to excessive weight gain and diabetes. The Zyprexa lawsuits also claim Eli Lilly failed to properly warn of Zyprexa’s side effects.

U.S. District Judge Jack Weinstein in Brooklyn last week urged states to settle their marketing claims against Eli Lilly over Zyprexa. Weinstein is overseeing all federal-court lawsuits over the drug.   “A global settlement of all cases, including those pending in state courts is desirable,” Weinstein said in an Aug. 17 decision.  Eli Lilly continues to face Zyprexa lawsuits by Connecticut, Louisiana, Pennsylvania, South Carolina and seven other states alleging that the company withheld information about the side effects of Zyprexa, such as diabetes, and encouraged sales of the drug for unapproved purposes, including dementia and depression. Eli Lilly is scheduled to begin trial Sept. 14 in South Carolina over that state’s Zyprexa lawsuit. The only trial of a state’s lawsuit ended in March 2008 with an out-of-court settlement in which Lilly agreed to pay Alaska $15 million.  Eli Lilly also agreed in October to pay a total of $62 million to 32 states and the District of Columbia to settle consumer protection claims over improper marketing.

One of the Zicam lawsuits, filed on behalf of Sherrin Dawn King on July 31, claims King purchased and used Zicam’s Allergy Relief Nasal Gel Swabs to treat a cold in January 2008. The Zicam lawsuit alleges that she used the product several days in a row and that by March she had lost all sense of smell. King claims that she still has not regained her sense of smell, and that her sense of taste has also been severely impaired.

The other Zicam lawsuit, filed in the same court on August 4, claims that Maria E. Head began using Zicam nasal swabs in the late spring of 2008. The complaint alleges that after using the swabs as directed, Head experienced “a significant burning and/or stinging sensation inside her nose.”   However, because that was “followed by a slight sense of relief from her symptoms,” Head continued to use the product for several days, according to the suit.   By the third day, Head alleges that she realized she could not smell and sought medical attention.  Both plaintiffs are seeking damages for pain and suffering, loss of enjoyment of life, physical injuries, medical expenses, attorney fees, pre-and post judgment interest.

Since the Zicam recall and FDA warning about Zicam, Matrixx Initiatives has also been named in several class action lawsuits filed by plaintiffs who blame the nasal remedies for their loss of smell.  Matrixx Initiatives also faces a class action lawsuit filed by investors relating to the Zicam recall.

There were at least 18 individual cases consolidated in the multidistrict litigation, including 14 denture cream lawsuits against GlaxoSmithKline PLC who manufactures Super PoliGrip and four lawsuits against Proctor & Gamble who manufactures Fixodent. If the Fixodent and Poligrip lawsuits consolidated in the MDL are not settled during the pretrial litigation, the Fixodent and Poligrip cases will be transferred back to the court where they were originally filed to be tried individually.

The JPML concluded that transfer under “Section 1407 will eliminate duplicative discovery; prevent inconsistent pretrial rulings; conserve the resources of the parties, their counsel and the judiciary.” The court highlighted that “[t]hese actions share questions of fact arising out of the allegation that the levels of zinc contained in certain brands of denture cream can cause copper deficiency and neurological injuries.”

Multidistrict litgation is litigation comprised of multiple civil cases involving one or more common questions of fact, but the cases are pending in different districts. Such actions may be transferred to any single district for coordinated or consolidated pretrial proceedings. These transfers are made by the United States Judicial Panel on Multidistrict Litigation authorized by 28 U.S.C. § 1407.  Actions are transferred for the convenience of the parties and witnesses and to promote the just and efficient conduct of such actions. More information on multidistrict litigationor MDLs can be obtained from the United States Judicial Panel on Multidistrict Litigation.

 Who Is Amgen:

Amgen is multi-billion dollar global biotechnology company that discovers, develops, manufactures and markets human therapeutics based on advances in cellular and molecular biology.   Amgen sells drug products in the areas of supportive cancer care, nephrology and inflammation.  Amgen has approximately 14,000 employees.

What is Amgen’s Website:

www.amgen.com

What Drugs Does Amgen Make, Manufacturer and/or Sell:

According to Amgen’s Pharmaceutical Products webpage, Amgen’s major pharmaceutical and drug products include:

Aranesp ® (darbepoetin alfa)
Enbrel ® (etanercept)
EPOGEN ® (Epoetin alfa)
Neulasta ® (pegfilgrastim)
NEUPOGEN ® (Filgrastim)
Nplate ® (romiplostim)
Sensipar ® (cinacalcet)

How to Contact Amgen:

Corporate Headquarters
Amgen Inc.
One Amgen Center Drive
Thousand Oaks, CA
91320-1799
Phone: +1 805-447-1000
Fax: +1 805-447-1010

Medical Information
For healthcare professionals or patients with questions about Amgen products.
Phone: 800-772-6436 (800-77-AMGEN)
Fax: 866-292-6436 (866-29-AMGEN)
Online: Submit a Request for Medical Information

Amgen Related Links

AmgenDrug Class Actions, Mass Tort & Product Liability Lawsuits

Amgen Drug Lawsuit Settlements

Amgen Drug Recalls

Who Is Abbott Laboratories:

Abbott Laboratories is multi-billion dollar ”global, broad-based health care company devoted to discovering new medicines, new technologies and new ways to manage health.”  Abbott Laboratories distributes and sells pharmaceutical, nutritional, diagnostic and medical products in more than 130 countries worldwide.  Abbott Laboratories has roughly 72,000 employees.

What is Abbott Laboratories Website?

www.abbott.com

What Drugs Does Abbott Laboratories Make, Manufacturer and/or Sell:

According to Abbott Laboratories Pharmaceutical Products webpage, Abbott Laboratories’s major pharmaceutical and drug products include:

Abbotic (clarithromycin)
Advicor (niacin extended-release/lovastatin tablets)
Aluvia
Avonex
Azmacort (triamcinolone acetonide inhalation aerosol)
Biaxin
Biclar (clarithromycin)
Blopress
Brufen (ibuprofen)
Calcijex (calcitriol injection)
Cardizem LA (diltiazem HCI tablets)
Celex (clarithromycin)
Clarith (clarithromycin)
Clarithromycin (clarithromycin)
Controlip
Cyllind (clarithromycin)
Dayamineral
Deflox (terazosin hydrochloride)
Depacon (valproate sodium injection)
Depakene (valproic acid capsules and oral solution, USP)
Depakote (divalproex sodium delayed-release tablets)
Depakote ER (divalproex sodium extended-release tablets)
Depakote Sprinkle Capsules (divalproex sodium coated particles in capsules)
Ectiva (sibutramine HCl monohydrate)
EES (erythromycin ethylsuccinate)
Elthyrone (levothyroxine)
Epival (divalproex sodium)
Ery-Ped (erythromycin ethylsuccinate, USP)
Ery-Tab (erythromycin delayed-release tablets, USP)
Erythrocin Stearate (erythromycin stearate tablets, USP)
Erythromycin Base Filmtab (erythromycin tablets, USP)
Erythromycin Delayed-Release Capsules (erythromycin delayed-release capsules, USP)
Flotrin (terazosin hydrochloride)
Gengraf (cyclosporine oral solution, USP [MODIFIED])
Gopten (trandolapril)
Heitrin (terazosin hydrochloride)
Heliclar (clarithromycin)
Hp-PAC (lansoprazole delayed-release capsules; clarithromycin film-coated tablets; amoxicillin trihydrate capsules)
HUMIRA (adalimumab)
IBU (ibuprofen)
Ibufen (ibuprofen)
Isoptin (verapamil hydrochloride)
Itrin (terazosin hydrochloride)
Kaletra (lopinavir/ritonavir)
Klacid (clarithromycin)
Klaciped (clarithromycin)
Klaricid (clarithromycin)
K-Lor (potassium chloride for oral solution, USP)
Kofron (clarithromycin)
K-Tab (potassium chloride extended-release tablets, USP)
Leptos (sibutramine HCl monohydrate)
Lexapro
Lupron
Lupron Depot (leuprolide acetate for depot suspension)
Macladin (clarithromycin)
Maclar (clarithromycin)
Malafene (ibuprofen)
Mavid (clarithromycin)
Mavik (trandolapril)
Meridia (sibutramine HCl monohydrate capsules C-IV)
Meridia (sibutramine hydrochloride monohydrate)
MonoZeclar (clarithromycin)
Naxy (clarithromycin)
Neobrufen (ibuprofen)
Niaspan (niacin extended-release tablets [film-coated])
Nimbex (cisatracurium besylate)
Norvir (ritonavir)
Nurofen (ibuprofen)
Odrik (trandolapril)
Ogastro
Omnicef (cefdinir)
PCE (erythromycin particles in tablets)
Prevacid (lansoprazole delayed-release capsules)
Prevacid FasTab (lansoprazole delayed-release tablets)
Propofol (propofol)
Raductil (sibutramine HCl monohydrate)
Reductase (sibutramine HCI monohydrate)
Reductil (sibutramine HCl monohydrate)
Reduxade (sibutramine HCl monohydrate)
Sevorane (sevoflurane)
Sibutral (sibutramine HCl monohydrate)
SIMCOR (simvastatin/niacin extended-release)
Sinalfa (terazosin hydrochloride)
Survanta (beractant)
Synagis (palivizumab)
Synthroid (levothyroxine sodium tablets, USP)
Tarka (trandolapril/verapamil HCl ER)
Teveten (eprosartan mesylate)
Teveten HCT (eprosartan mesylate/hydrochlorothiazide)
TriCor (fenofibrate tablets)
Ultane (sevoflurane)
Urodie (terazosin hydrochloride)
Uroflo (terazosin hydrochloride)
Uro-Hytrin (terazosin hydrochloride)
Vicard (terazosin hydrochloride)
Vicodin (hydrocodone bitartrate and acetaminophen tablets, USP)
Vicoprofen (hydrocodone bitartrate and ibuprofen tablets)
Zeclar (clarithromycin)
Zemplar (paricalcitol)
Zemplar (paricalcitol injection, USP)

How to Contact Abbott Laboratories?

U.S. Corporate Headquarters
Abbott Laboratories
100 Abbott Park Road
Abbott Park, Illinois 60064-3500
Telephone: (847) 937-6100

Medical/Product/Technical Inquiries
Pharmaceutical Products
Medical/Product Inquiries
(including adverse events and side effects) -(800) 633-9110
Patient Assistance Program -(800) 222-6885
Diagnostic Products (Technical) - (800) 323-9100
Abbott Vascular – (800) 227-9902
Abbott Nutrition Adult Products – (800) 227-5767
Abbott Diabetes Care – (888) 522-5226
Abbott Molecular – (800) 553-7042
Abbott Animal Health – (888) 299-7416

Product Complaints
Pharmaceutical Products – (800) 255-5162
Diagnostic Products (Technical) - (800) 323-9100
Abbott Vascular – (800) 227-9902
Abbott Nutrition-  (800) 227-576
Abbott Diabetes Care – (888) 522-5226
Abbott Molecular – (800) 553-7042
Abbott Animal Health – (888) 299-7416

Abbott Laboratories Related Links

Abbott Laboratories Drug Class Actions, Mass Tort & Product Liability Lawsuits

Abbott Laboratories Drug Lawsuit Settlements

Abbott Laboratories Drug Recalls