Archive for July, 2008


Bristol-Meyers Squibb overpriced drugs

Recently, Bristol-Meyers Squibb agreed to pay out a total of $515 million nationally (43 states and the Federal Government) to settle civil litigation over several alleged practices, including its marketing of Abilify to treat children and dementia patients, for whom it was not approved.

The settlement also includes allegations that Bristol-Myers Squibb overpriced various drugs and made illegal payments to doctors to promote the sale of some drugs.

Ultimately, what is needed is a deterrent against improper marketing of drugs.

Botox side effects?

More than a dozen Botox users and relatives filed a lawsuit Wednesday contending that the blockbuster wrinkle-buster injured them or killed their relatives, and they blamed maker Allergan Inc. for failing to warn them of the dangers.

 

The suit, filed in Orange County Superior Court near Allergan’s Irvine headquarters, links the toxin-based drug to three deaths, including one in March of a 69-year-old Texas nurse who received injections for neck and shoulder pain.

 

The second death was that of a 7-year-old girl with cerebral palsy, also from Texas, who died in 2004, allegedly after receiving injections to control limb spasticity.

 

The third death occurred earlier this week in Arizona. In that case, a 71-year-old woman allegedly got Botox injections for wrinkles around her mouth at a mall clinic a year ago. After that, the suit says, she had trouble swallowing and breathing, was unable to speak and lost weight until she died. All three deaths involved uses of Botox that were not approved by federal regulators.

 

The suit also contends that Botox injections both for approved uses, such as smoothing frown lines, and unapproved uses, such as treating migraines, left 12 other plaintiffs with a range of disabilities, including blurred vision, numbness, allergic reactions, flu-like symptoms, muscle weakness and difficulty breathing.

 

An Allergan spokeswoman said, "It is important to recognize that Botox has a remarkable safety record. The product was first approved nearly 20 years ago and today benefits 21 different patient populations across more than 75 countries."

 

$18 million awarded to Colorado Springs couple

A jury in Cheyenne, Wyoming has awarded a Colorado Springs couple more than $18 million for injuries the husband suffered when a tractor-trailer struck the car he was driving at the Interstate 25 and 80 interchange in July 2006.

According to Laramie County District Court documents, a jury found Nebraska-based trucking company Werner Enterprises Inc. and Cheryl Neal — who was driving the tractor-trailer — negligent in causing the crash.

That jury found Peter D. Brohpy, who was driving a 1993 BMW, was not negligent in the crash.

The jury awarded Brophy $15,785,257 and his wife, Kate Brophy, $2,284,000 on Wednesday, according to court documents.

Gary Ceriani, a Denver-based attorney who represented the Brophys, said his client suffered severe brain damage in the crash, uses a wheelchair and can barely speak.

"It’s absolutely the right decision," Ceriani said of the jury verdict.

The crash occurred on July 25, 2006 as Brophy merged from westbound Interstate 80 onto southbound Interstate 25, according to court documents.

Ceriani explained that Brophy was in the acceleration lane and that the tractor-trailer attempted to exit southbound Interstate 25 onto Interstate 80.

The right front wheel of the tractor-trailer went into the left rear wheel well of the BMW, causing Brophy’s vehicle to spin across the interstate, Ceriani said.

Another tractor-trailer then smashed into the BMW, Ceriani said.

Attorneys for Werner Enterprises and Cheryl Neal attempted to persuade the court Brophy did not properly yield to the tractor-trailer, according to court documents.

 

Ted Bills