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Case ID: 3139 | Drugs / Medical | 02/09/2004
A class action has been filed against Purdue Pharma, LP, the manufacturer of the popular painkiller, OxyContin, on the behalf of purchasers who allege that the company fraudulently secured patents on the drug in an effort to stave off cheaper generic competition. The action seeks unspecified compensatory and triple punitive damages.
The action, brought by the Connecticut Citizen Action Group (CCAG) and Health Care For All, piggybacks on a January 5, 2004, federal court ruling invalidating three Purdue OxyContin patents because of misrepresentations Purdue made to the U.S. Patent and Trademark Office. The action mirrors the ruling, alleging that Purdue has been illegally marketing and selling OxyContin since December 1995, when it received approval from the Food and Drug Administration. To win its patents on the drug in the first place, Purdue told the federal patent office that OxyContin was unique because of its effectiveness at very low dosages. Purdue allegedly knew that there was no evidence to support this assertion at the time the company filed for the patents and therefore received exclusive rights to the drug that it did not deserve. The consumer groups' lawsuit goes on to allege that the drug maker has gone to lengths to maintain its monopoly over the drug by suing a generic company to prevent it from putting a less expensive version of OxyContin on the market. More than 70% of Purdue's $1.8 billion in annual revenue comes from the sale of OxyContin. Because of Purdue's actions, consumers have allegedly paid and continue to pay a highly inflated price for OxyContin -- one they would not have paid if competing or generic versions of the drug were available. On a related note, a source from the office of Connecticut's Attorney General Richard Blumenthal (D) confirmed January 7 that the state would launch an antitrust investigation into Purdue Pharma's actions over OxyContin and ask other states to join in investigating whether the maker of the powerful painkiller OxyContin blocked the development of cheaper generic alternatives. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Drugs / Medical Cases of Interest In the wake of Merck’s worldwide recall of the pain medication Vioxx, a growing number and variety of legal actions have been filed against the embattled pharmaceutical giant. This latest is brought under the Federal Employee Retirement Income Security Act (ERISA). Participants in Merck’s employee stock purchase plans say the company’s attempts to cover up the health risks of Vioxx, followed by the eventual recall of the drug, decimated the value of their company stock purchases. The plaintiffs seek damages for the lost value of their stock. Ontario hospital sued for $50 million over C. difficile outbreak. A $50 million class-action lawsuit has been launched against a Toronto-area hospital where 177 patients contracted the potentially deadly bacteria C. difficile during an outbreak last year. Medicaid helps lower-income families pay for medical expenses that they have no way of covering. Judgment has been entered against the Indiana Family and Social Services Administration on behalf of the families of certain mentally ill children forcing the administration to pay for the children's long-term care in residential institutions. The judgment will not be final until all possible appeals deadlines have passed.
Studies show that early childhood dental intervention can help assure the best dental health. The court has approved a settlement between the parties in an action filed against the New Hampshire Department of Health and Human Services on behalf of all persons under age 21 who are now enrolled, or who become enrolled in the New Hampshire Medicaid program and are entitled to receive Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) dental services. Parents whose children may be eligible to take part in the program should contact the department for more information. A class action has been filed against New York City Health and Hospital Corporation for retaliation and violations of overtime laws. The complaint alleges that Marjorie Barnwell worked for Kings County Hospital, but was not paid for overtime and that the Hospital retaliated against her when she confronted them. Barnwell is suing for unpaid overtime compensation and retaliation. Kahn Gauthier Swick is investigating possible legal actions against drug giant Pfizer, Inc., the manufacturer of the prescription drug Neurontin (gabapentin), to recover for harm suffered by patients who have been prescribed Neurontin. |
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