Pfizer Settles Lawsuits Over Prescription Pain Killers Bextra And Celebrex
Hagens Berman recently announced it reached an $89M settlement with Pfizer on behalf of purchasers of Celebrex and Bextra in a suit claiming the pharmaceutical giant launched misleading marketing campaigns for its drugs.
The suit claimed Pfizer misled physicians and consumers when it touted Bextra as a superior product to other non-steroidal anti-inflammatory drugs (NSAIDs) when the drug had no appreciable difference than less expensive medications. Hagens Berman also filed suit on behalf of consumers who purchased the drug Celebrex, claiming Pfizer failed to disclose serious risks of blood clots, heart attack, stroke, and other cardiovascular problems associated with the drug.
The settlement is part of a larger $894 settlement that includes a bevy of personal injury, consumer fraud and state attorney general claims against Pfizer.
"This is a victory for purchasers, including third-party payers and consumers across the country, who will receive monetary relief from the settlement," said Steve Berman, managing partner at Hagens Berman. "It is also an example of the critical role private litigation plays in holding pharmaceutical companies accountable in an era when the FDA can't or won't act as a watchdog."
The lawsuits allege Pfizer used dubious tactics to undermine the FDA approval process of both drugs.
From 1999 through 2003, Pfizer spent more than $400M on direct-to-consumer advertising for Celebrex, creating $2.29B of revenue and accounting for six percent of the company's total sales. Bextra, originally approved to treat rheumatoid arthritis, osteoarthritis and primary dysmenorrheal in women, helped increase Pfizer sales to $139M in the third quarter of 2002 with its off-label promotions, the suit claimed.
According to court documents, in an effort to push Bextra into a larger market, Pfizer hired Scirex, a clinical testing firm, to help exploit a loophole in government regulations that prohibits the promotion of drugs for unapproved uses except in published research and medical education.
Scirex recruited dental patients to demonstrate the drug's effectiveness and published the results in the May 2002 edition of The Journal of the American Dental Association. As a result of the article, and heavy marketing efforts, sales significantly increased.
In 2005, Pfizer voluntarily withdrew Bextra from the U.S. market. The withdrawal was due to safety concerns over an increased risk of cardiovascular events in patients using the drug for acute pain treatment.
The $89M settlement is still pending upon court approval and disbursement guidelines. A settlement hearing will take place within the next few months.
Hagens Berman served as lead counsel in both cases against Pfizer. More information regarding the settlement and each case is available on the firm's Web site at http://www.hbsslaw.com/bextra_litigation and http://www.hbsslaw.com/pfizer_celebrex_lawsuit.html.
SOURCE: Hagens Berman