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[pronut-hiv] PFIZER SUED FOR ALLEGEDLY IMPROPER LIPITOR MARKETING


  • From: "Katsh, Stuart" <skatsh@lagaycenter.org>
  • Date: Thu, 30 Mar 2006 08:41:21 -0800

FYI...

PFIZER SUED FOR ALLEGEDLY IMPROPER LIPITOR MARKETING
Pfizer is facing a federal class action lawsuit alleging the company
defrauded insurance plans and the federal government by improperly
marketing its top-selling Lipitor.

In the suit, filed in the U.S. District Court for the District of New
Jersey, several third-party drug plans contend Pfizer promoted the
anti-cholesterol drug when lifestyle changes such as diet and exercise
were the only recommended treatment. Pfizer also minimized and ignored
the need for these lifestyle changes along with using the drug to treat
high cholesterol, the plaintiffs assert.

Lipitor (atorvastatin calcium) is the highest-grossing prescription drug
in the world, with sales expected to exceed $13 billion in 2006,
according to Pfizer.

According to the lawsuit, health plans in Illinois, Ohio, Indiana, New
Jersey and New York argue that Pfizer promoted Lipitor for uses not
approved by the FDA, and that the company also used paid advocates
purporting to be independent third parties to market those off-label
uses to doctors.

This effort resulted in third-party drug and state Medicaid plans paying
billions of dollars for unwarranted Lipitor prescriptions over the past
five years, the groups argue.

"This is a classic case of unjust enrichment," said Jay Eisenhofer of
Grant & Eisenhofer, the plaintiff's lead attorney. "Pfizer has built
colossal sales of Lipitor through the pipeline of third-party payors
such as our clients and countless other drug plans - including Medicaid
and Medicare - much of it based on prescriptions that the FDA's
guidelines say never should have been written in the first place."

The health plans want a court order enjoining Pfizer from continuing
these marketing practices. The plans also are asking for compensatory
and punitive damages based on Pfizer's alleged practices.

Pfizer said it is reviewing the case, but argued it "has and continues
to take seriously its responsibility to provide appropriate information
to physicians and patients and to comply with all federal laws and
regulations regarding the promotion of our medicines."

Pfizer is not placing much credence in the class action claims. "Based
on the information provided to us, we believe there is absolutely no
merit to the claims regarding the promotion of Lipitor," said company
spokesman Andrew McCormick. "Notably, other lawsuits filed by plaintiff
lawyers regarding the marketing of Lipitor have - after getting news
attention - have been dropped upon further investigation," he added





Stuart Katsh, RD

Nutritionist

Jeffrey Goodman Clinic

1625 North Schrader Blvd

Los Angeles, CA 90028

323 993 7598 (V) 323 308 4117 (F)



new e-mail address: skatsh@lagaycenter.org



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