Healthy Skepticism Library item: 17686

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
AstraZeneca, Seroquel And Product Liability
Pharmalot 2010 Apr 28
http://www.pharmalot.com/2010/04/astrazeneca-seroquel-and-product-liability/

Full text:

After agreeing to pay $520 million to settle civil charges for off-label marketing of its Seroquel antipsychotic, the drugmaker still faces an estimated 26,000 product liability lawsuits brought by individuals who claim that the risk of developing diabetes was hidden from patients and physicians.

But despite the deal – which includes a corporate integrity agreement but no criminal charges – it would seem unlikely, for now, that AstraZeneca will be motivated to reach a settlement with these plaintiffs. Why? The drugmaker has so far succeeded in fending off the initial rush of challenges, partly by arguing plaintiffs already suffer from health problems that can cause diabetes.

Earlier this month, a federal appeals court upheld a lower court ruling dismissing the first product liability lawsuit alleging Seroquel caused a patient’s diabetes. A three-judge federal panel ruled that the a federal court in Florida correctly dismissed a case brought by a woman because her doctor didn’t qualify as an expert under federal court rules (see here). And last month, a New Jersey state court jury decided against 61-year-old Vietnam War vet.

To cry uncle, “they would probably have to lose a few” lawsuits, says Stephen Sheller, an attorney who represented whistleblower James Wetta, a former AstraZeneca sales rep who will receive $45 million for exposing the drugmaker’s alleged fraud. (Wetta, by the way, was also a sales rep for Lilly and brought a separate suit that eventually resulted in a $1.4 billion fine). So before AstraZeneca forks over any money to plaintiffs, a smoking gun or some compelling testimony (perhaps from this fellow) may be required.