Healthy Skepticism Library item: 18889

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Electronic Source

Silverman E
Judge Rules Against Pfizer Over Neurontin Marketing
Pharmalot 2010 Nov 4
http://www.pharmalot.com/2010/11/judge-upholds-verdict-against-pfizer-over-neurontin/

Full text:

A federal judge has ruled that Pfizer violated the California Unfair Competition Law by illegally promoting the Neurontin epilepsy drug. The finding stems from the same case in which a federal jury last March decided the drugmaker violated federal racketeering law for the same practices and must pay $142 million in damages – under federal RICO law, the original $47 million penalty is tripled.
In a lawsuit, Kaiser Foundation Hospitals and the Kaiser Foundation Health Plan, which are based in California, had charged Pfizer with illegally promoting Neurontin for unapproved uses, such as for treating migraine headaches, pain and bipolar disorder (background here and here).
In her ruling, US District Court Judge Patti Saris determined that Pfizer fraudulently marketed Neurontin by making material misrepresentations in advertising supplements and direct communications, and by showing positive info while suppressing negative evidence. She also wrote that “Kaiser has proven that there is little or no scientifically accepted evidence that Neurontin is effective for the treatment of bipolar disorder, neuropathic pain, nociceptive pain, migraine, or doses greater than 1800 mg/day.”
Six years ago, Pfizer agreed to pay $430 million in penalties and pleaded guilty to criminal charges of illegally marketing Neurontin, which was one of the meds that were obtained as part of its 2000 acquisition of Warner Lambert. In making its appeal, Pfizer contended the federal judge improperly allowed details of that case and settlement to be considered by the Boston jury.
UPDATE: A Pfizer spokesman sends us this note: “Pfizer is disappointed with the court’s decision and will aggressively pursue post trial motions and an appeal. This ruling is not consistent with the facts and the law. Pfizer believes that doctors and the FDA, and not courts, should make determinations about the efficacy of medicines and whether they should be prescribed to individual patients.”