By Cindy L. Nations –
Drug company Mylan agreed to pay $465 million to quickly settle a Justice Department investigation into claims that it deliberately overcharged Medicaid for its EpiPen anti-allergy device. Why would a company agree so quickly to such a large settlement? Well, it might have something to do with this … The Department of Health and Human Services’ Office of Inspector General reports that the Medicaid misclassification of EpiPen may have cost taxpayers $1.27 billion from 2006 to 2016. Senator Richard Blumenthal and a group representing state Medicaid directors are now demanding that Mylan pay Medicaid the full amount up to $1.27 billion that it owes. Fortunately, the previous settlement agreement, which is a fraction of the true costs, has not yet been finalized.
Read more here: https://consumerist.com/2017/05/31/hhs-taxpayers-may-have-overpaid-1-27-billion-for-epipens/
By Buck Daniel
April 30, 2014 – Since our last update, there has been a great deal of activity in the Actos litigation. As of the end of March 2014, there were over 5,000 Actos cases filed in the MDL and Illinois State Court and another 1,000 still expected in the months ahead. That aside, I am happy to report that on April 7, 2014, a jury in Louisiana returned a big Plaintiff’s verdict against the named defendants to punish their wrongful conduct and actions. Although the Court will lower the punitive damage award to a much smaller number and the defendants will appeal the case, this is a terrific result and outcome. Hopefully, it will put the defendants on notice of what Actos has done to thousands of families like yours and steer them in the direction of accepting responsibility for the actions.
More on the trial: Following 34 days of trial, a Louisiana jury ordered Japanese drug maker Takeda Pharmaceutical Company and drug maker Eli Lilly & Co. to pay compensatory and punitive damages after finding the companies’ diabetes drug Actos caused Terrance Allen to develop bladder cancer. Mr. Allen used Actos for over 5 years prior to his development of bladder cancer and was a non-smoker his entire life. The punitive damage award likely stems from evidence that Takeda lost or destroyed critical documents from as many as 46 employees and sales representatives. The missing files belonged to high-ranking Takeda employees who were heavily involved in the development, sales, marketing, and promotion of Actos. Other missing files belonged to rank-and-file sales representatives whose day-to-day work involved marketing and distributing Actos.
There is another Actos trial going on right now in Nevada involving two women, Ms. Bertha Triana, 80, and Ms. Delores Cipriano, 81, who claim Actos caused them to develop bladder cancer as well. Additionally, other Actos trials are being scheduled through the remainder of 2014 and 2015. As these trials unfold, we will keep you posted on the results.
Posted by Kim Truongle
February 27, 2013 – Yesterday, a jury in New Jersey found in favor of a mesh implant Plaintiff, awarding her a $3.35 million verdict. What does this mean for your mesh implant case?
This does NOT mean that all mesh cases will gross millions, nor that they will resolve for anywhere near that much. It is important to remember that trials involve specific facts; some of them may be applicable to you, and some may not. Also keep in mind that despite this verdict, the odds of this Plaintiff receiving her funds any time soon are quite low. The likelihood that this case will be appealed by the Defendants to therefore keep the case tangled in further litigation is high. Furthermore, case expenses are usually borne by the client, meaning that the costs of bringing this Plaintiff’s case to trial will most likely come out of the funds she ultimately receives – trying a case against Johnson & Johnson or any pharmaceutical company is not cheap.
The jury in the New Jersey case unanimously found that there was no design defect and instead put the blame on the Defendants for other failures. Defective design is one key cause of action in these cases, so this shows that juries may not always side with the Plaintiffs regarding every issue alleged. In other words, despite some seemingly large dollar verdicts, in no way are mesh cases “slam dunk cases”.
This does NOT mean the cases are close to resolution or settlement. There is still more work to do before we can sit across the table from Defendants and negotiate a settlement that is fair. Valuation of a case involves both personal and legal facts, as we take into account what each client has and will go through, as well as the facts that help shape the legal framework. The latter may involve things like additional development of the science, finding out more about what the companies did or should have done, etc.
We are optimistic about the verdict out of New Jersey, but there is still a road ahead. Sometimes, that road will run smoothly, but there may also be a few bumps we will have to navigate around as we move ahead. As a national pharmaceutical litigation firm, we use our experience to stay the course towards a resolution that is fair for our clients. If you have any questions, please phone our office at (800) 269-3050.
Posted by Cindy L. Nations
September 5, 2012 – Something is amiss. For 2 decades, the American public has been deluged by a massive public relations campaign funded by big business interests. They have used stories, half-truths, and sometimes outright lies to convince the American people that our juries are out of control, the courts are backed up with frivolous lawsuits, and our civil justice system desperately needs reform. Big businesses, like tobacco, pharmaceutical and insurance companies have poured tremendous amounts of money and energy into this campaign … and with what purpose? To limit your access to the court system – the one and only place where an average citizen can go up against the powerful corporations and still have a chance for justice.
Watch Hot Coffee: Movie Trailer here: http://youtu.be/bBKRjxeQnT4
It’s time to take back your rights. As trial lawyers, we go up against the big corporations and fight for the rights of our clients. But tort reform has spread like a plague across this country. Laws have been changed, juries are biased, even some courts are biased. Your legal rights have been stripped away while big business gains more and more power.
As a plaintiff’s lawyer, prosecuting a case limited by tort reform is like entering a battlefield unarmed. The law and the civil justice system are our weapons. Weapons that we use to fight for your rights when someone has harmed you. Take away our weapons and there’s little we can do.
Let’s join forces and take back what is rightfully yours. Join the Hot Coffee movement. Learn more and see how you can help. Go to www.hotcoffeethemovie.com. Together we can make a difference.