We see commercials for prescription medicines nearly every day. After the commercial states all the positive attributes of the medicine, you’ll likely hear a long list of potential side effects. If you experienced any of these side effects or were prescribed a medication that your doctor should have known you were allergic to, you could be entitled to a drug settlement.
Here are a few historical dangerous drug settlements and the main takeaways from these cases.
GlaxoSmithKline
In 2012, GlaxoSmithKline was believed to have violated the False Claims Act. The pharmaceutical giant was providing a financial incentive to doctors who used their medicines and weren’t disclosing the safety hazards of all their medications. Avandia was one of the main medications involved in this case. Avandia is a diabetes medication that had adverse effects on some patients since GlaxoSmithKline did not provide safety information for this drug. Paxil, an antidepressant, was also included in the case because GlaxoSmithKline asserted that the drug was safe for children. GlaxoSmithKline also falsely reported the lowest prices for prescriptions and not paying the full price of rebates for prescriptions that qualified for the Medicaid Drug Rebate Program. The settlement was for $3 billion –$2 billion in civil charges and $1 billion in criminal charges.
GlaxoSmithKline also faced a $750 million lawsuit in 2010 for not manufacturing their products using safe materials and methods. Products involved in this lawsuit included Paxil CR and Kytril.
Pfizer
Pfizer had to pay out a $2.3 billion settlement in 2009 for false claims that included kickbacks and off-label promotion. Medications like Lyrica, Zyvox, and Bextra were included in the case. Like GlaxoSmithKline, Pfizer was accused of paying physicians to prescribe Pfizer medications, even if these medicines weren’t the best treatment for patients.
Johnson and Johnson
In 2103, Johnson and Johnson settled for $2.2 billion in an off-label promotion and kickbacks case. The company offering medical institutions and professionals financial rewards for using Johnson and Johnson products, which is considered a form of bribery in a court of law. Invega, Nesiritide, and Risperdal were the medications implicated in this case.
TAP Pharmaceutical Products
TAP Pharmaceutical Products faced a lawsuit in 2001 and had to pay a settlement of $875 million. Lupron was the medication implicated in this case. Lupron is used to suppress sex hormones and is used as a hormone treatment therapy. In addition to providing kickbacks to doctors, TAP Pharmaceutical Products also committed Medicare fraud. Medicare fraud is the act of a person or organization filing a reimbursement claim against Medicare when the person or organization is not eligible for compensation. Businesses and individuals commit this type of fraud in an attempt to receive funds from Medicare illegally.
Drug Side Effects
One of the main reasons that these pharmaceutical companies faced such expensive lawsuits is the adverse effects that some individuals experience as a result of using the medications. If you’ve noticed that drug warnings are hard to understand in writing or in commercials, this is done intentionally so that drug companies can cover themselves. However, this is not always effective. For instance, Lupron can cause impotence and Avandia can cause heart failure, heart attack, and liver damage. Doctors are not always forthcoming with this information if they have been bribed by the pharmaceutical company to promote a certain medication.
Seek Legal Advice
If you are considering filing a lawsuit against a pharmaceutical company, it’s crucial that you consult with an attorney. Prescription drug injury lawyers might evaluate your case much higher than you initially estimated. Be sure to document any symptoms you’ve experienced and the medical treatment you received due to the side effects of the medicine. This information will help your lawyer negotiate with the appropriate parties to help you get the settlement you deserve.
