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Ark. AG files suit over drug marketing


Published :
Tue, 20 Nov 2007 20:27
By : Agencies
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LITTLE ROCK (AP) - Arkansas Attorney General Dustin McDaniel accused drug companies Tuesday of improperly marketing an anti-psychotic drug and asked a state judge to force the firms to repay millions paid by the state's Medicaid program for unnecessary prescriptions.

McDaniel filed a lawsuit in Pulaski County Circuit Court against Janssen Pharmaceutica Inc., Janssen LP and Johnson & Johnson Inc. In the filing, McDaniel said the companies 'engaged in a direct, illegal, nationwide program of promotion of the use of Risperdal for non-medically necessary uses.'

Johnson & Johnson is the parent company of both Janssen Pharmaceutica and Janssen LP.

The lawsuit did not specify how much the state is seeking, but McDaniel has estimated that the state's Medicaid program spent about $200 million over eight years to pay for prescriptions for Zyprexa, Seroquel and Risperdal. The lawsuit filed Tuesday focuses solely on Risperdal.

McDaniel has said the drugs were prescribed for uses not approved by federal regulators or indicated in labeling. McDaniel accused the companies of 'deceptive' marketing practices that pushed physicians to prescribe Risperdal much more than necessary.

A spokeswoman for Janssen did not immediately return a call Tuesday.

The lawsuit also accuses drugmakers of not including warnings on Risperdal's bottle about adverse effects such as neurological problems, weight gain and diabetes.

The lawsuit is being handled by Bailey Perrin Bailey LLP of Houston, Texas. McDaniel told lawmakers in September that the firm will bear all the lawsuit's expenses and its fee will be 15 percent of the award. The Texas firm is handling similar litigation for six other states.

Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.




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