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Pharmaceuticals

Two Aggrenox Capsules

This settlement is a pricey one for Boehringer Ingelheim, requiring $54 million to settle claims alleging that it delayed the availability of a less-expensive version of its drug Aggrenox through illegal agreements with Barr (later acquired by Teva).

Scynexis Office Building in New Jersey

Scynexis didn’t disclose health and safety risks for its lead drug candidate, says the complaint for this class action. Risks of thrombotic events were uncovered in Phase 1 studies, but according to the complaint, they were not mentioned in the company’s Registration Statement for its initial public offering (IPO) or other filings for the next three years, in order to inflate its stock prices, in violation of the Securities Act of 1933 and the Securities Exchange Act of 1934. 

Aradigm Bulding

Aradigm develops drug delivery systems for the lungs, to improve the delivery and effectiveness of drugs and to reduce the need for injections. However, the complaint for this class action claims that the company’s statements on its new drug Linhaliq were overly optimistic, given the deficiencies of its Phase 3 clinical trials. Later, the FDA spoke of the need for better Phase 3 trials, because of the new route of delivery for the drug, the uncertainties that could not be addressed by a single Phase 3 trial, the mixed results of other inhaled drugs for the disease, and the need for longer trials for efficacy and safety tests.

Gleevec Bottle and Tablets

Can a company be sued for not bringing out a drug soon enough? The complaint for this class action alleges that the reason the drug was not promptly put on the market was an illegal anti-competitive agreement between two drug manufacturers. According to the complaint, Novartis and Sun entered into an anti-competitive agreement saying that Sun would not to bring its generic to market until February 1, 2016; and in exchange, Novartis agreed not to compete against Sun’s generic with an authorized generic. The complaint claims that this agreement violates antitrust laws.

Menactra Packaging

Sanofi has agreed to settle a class action alleging that it engaged in antitrust behavior, preventing competition and forcing customers to pay higher prices than necessary for its Menactra vaccine.

Hand Holding Remicade Bottle

In 2010, Congress enacted a Biologics Price Competition and Innovation Act to enable biosimilar drugs to receive approval, to spur price competition for drugs. However, the complaint for this class action alleges that when other companies developed competitors for Remicade, Johnson & Johnson (J&J) unfairly blocked their access to the market, with exclusivity contracts and other provisions with insurers, requiring consumers to pay significantly higher prices than they would otherwise have.

Antares Pharma Products

The complaint for this class action alleges that Antares Pharma provided false or misleading information about one of its drugs in the Food and Drug Administration (FDA) approval process, implying that it was likely to receive approval, and leading to a quick drop in its stock price when the FDA rejected it. The complaint alleges that the company’s statements were false and misleading because they did not disclose Antares had not given the FDA enough data for the drug, and that it was therefore being overly optimistic about its approval prospects.

Oxycontin Bottle and Pills

The complaint for this class action alleges that the makers of opioids have deceptively promoted the drugs, minimizing the dangers of addiction, the tolerance that requires increasing dosages, and the sometimes-lethal side effects. Their efforts are described in a fifty-page complaint with extensive footnotes: the development of misleading literature and advertisements on opioids, the deployment of sales agents to push opioids, the persuading of seemingly neutral groups to develop educational materials and treatment guidelines, and the recruiting of doctors to give paid speeches, draft misleading studies, present deceptive educational programs, and otherwise act as “key opinion leaders” in favor of opioids.

Oxycontin Bottle and Pills

Our country has an opioid epidemic.

Opioid Painkillers

According to the complaint for this class action, drug companies who promoted the use of opioids for chronic pain have created enormous problems for the state and people of Arkansas. The complaint claims that, previously, opioids were only for short-term use for acute pain, such as during recovery from surgery, or for end-of-life care. Sometime in the 1990s, it alleges, drug makers began to deceptively promote the use of opioids for chronic pain, through marketing materials as well as “unbranded advertising disseminated by seemingly independent third parties” that minimized the likelihood of addiction and the difficulty of withdrawal.

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