Chris Placitella's Law Blog
CPR Law - Results Matter
Welcome to Chris Placitella's Legal Blog. I have dedicated my career to pursuing social justice and representing the wrongfully injured. The purpose of this blog is to provide breaking news and commentary concerning developments in mass tort law, class actions and cases affecting social justice. If you would like to contact me, please click on the contact us button or you can call me personally at (888) 375-7600.
Taking America for Granted
Posted by Chris in On My Mind on August 17th, 2010
This morning I awoke to a story in the New York Times about a young couple stoned to death in Afghanistan. The couple was condemned to death by the Taliban for eloping by more than 100 men who lived in the town where the couple grew up. As I shuddered imagining the scene of this gruesome act, I was reminded once again of how fortunate we are here in America. For most of us, we are here by a pure twist of fate lucky enough to have been born as a result of a struggle for a better life by relatives that came before us. While I thank God for my good fortune, I am saddened by the injustices suffered by many as a result of being deprived of the basic freedoms we often take for granted. May God bless you all my friends, family and neighbors and may we never forget how fortunate we are.

Congratulations to My Friend & Mentor Ronald Motley
Posted by Chris in On My Mind on May 19th, 2010
I am very proud to relate that my friend and mentor Ron Motley has been awarded the American Association for Justice’s most prestigious honor, the Lifetime Achievement Award, in recognition of his pioneering work and continued commitment to the pursuit of justice. AAJ was formerly known as ATLA and is recognized as the Trial Lawyers’ national association.
Through perseverance, creativity and innovation, Ron has saved countless lives, challenged corporate malfeasance, delivered justice and influenced systemic changes throughout our civil justice system, our nation and our world. His unique personality, quick wit, intolerance for defeat and awe-inspiring passion have served as the foundation for the extraordinary contributions that he has made in search of justice, and he has fearlessly served as an international leader whose courage and voice have not only had an incredible impact on the legal profession and our firm but also our society and the individuals to whom he has given a voice.
Ron has tried more cases in more states than any lawyer in the history of the United States. I am ever so proud to call him my friend.

14 Million Dollars Awarded in Miami Mesothelioma Trial Involving Union Carbide
Posted by Chris in Mesothelioma on May 19th, 2010
Today a Miami jury handed Union Carbide a major loss in a mesothelioma asbestos case. Union Carbide is a supplier of asbestos that is incorporated into other products like Spackle or joint compound. In this case, the jury assessed Union Carbide with 46%of the verdict. The other defendants in the case settled before trial. Congratulations to our friend Juan Bauta of The Ferraro Law Firm who did such a great job representing the family.

Neurontin: 142 Millions Reasons Why You Need to Ask Lots of Questions When a Doctor Prescribes a New Drug
Posted by Chris in Dangerous Drugs, Neurontin on March 26th, 2010
A Massachusetts Jury yesterday found Pfizer Inc. violated U.S. racketeering law in the marketing of its epilepsy drug Neurontin and should pay $142.1 million in damages.
As reported by Bloomberg.com
“Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals claimed in a month long trial in federal court in Boston that Pfizer illegally promoted Neurontin for unapproved uses. The insurer said it was misled into believing migraines and bipolar disorder were among the conditions that could be treated effectively with Neurontin, approved in 1993 by the U.S. Food and Drug Administration for epilepsy.
“The jury found Pfizer engaged in a racketeering conspiracy over a 10-year period, “Tom, a lawyer for Kaiser, said after yesterday’s verdict. “That bodes well for future cases.”
U.S. District Judge Patti Saris, who presided over the trial, is overseeing federal lawsuits from throughout the U.S. targeting Pfizer with injury claims and allegations of fraudulent sales and marketing of the drug. In a ruling last year, Saris said that fraud findings against Pfizer in the case decided yesterday could be binding against it in future trials.
Oakland, California-based Kaiser, the first insurer to try a Neurontin case against the world’s biggest drugmaker, claimed it was forced to pay $90 million more than it should have for Neurontin.
The jury, which deliberated for two days, found that New York-based Pfizer violated the federal Racketeer Influenced and Corrupt Organizations Act, or RICO, and California’s Unfair Competition Law. Under RICO, the amount of actual damages found by the jury, $47.36 million, will be tripled.
‘A Triumph’
“This is a triumph for evidence-based medicine over marketing-based medicine,” said Thomas Greene, a Kaiser lawyer.
Pfizer made no offer to settle the case before trial, Greene said.
“We are disappointed in this verdict,” said Chris Loder, a Pfizer spokesman. Pfizer will file post-trial motions challenging the verdict and plans to appeal, he said.
Pfizer fell 22 cents to $17.39 yesterday in New York Stock Exchange composite trading.
During the trial, Pfizer argued that Kaiser doctors continued to prescribe the drug even after the health insurer sued Pfizer in 2005. The insurer’s Web site also still lists Neurontin as a drug for neuropathic pain, Pfizer lawyers said in closing argument.
“We took that into consideration,” said Danielle Hurley, a 22-year-old artist who sat on the jury. “Kaiser was proactive, but could have been more proactive.”
Shocked by Evidence
Hurley said she was shocked by evidence that Pfizer knowingly marketed Neurontin for off-label uses without proof that it was effective.
All of the five jurors interviewed after the verdict said they agreed that Pfizer had demonstrated “a pattern of fraud” in marketing the drug.
“It was clearly a snow job,” said juror Paul Anderson, a technical writer.
“The message, if there was a message, is that they acted in a fraudulent manner,” said Hank Pierotti, foreman of the eight-person jury. “If you’re fraudulent, you deserve to be punished.”
Kaiser claimed Neurontin was wrongly prescribed for off- label uses, including treatment of neuropathic pain, and in dosages larger than the maximum approved by the FDA.
Jurors yesterday found that Pfizer violated racketeering laws with respect to four of the five off-label uses in question.
Company’s Studies
The company’s own studies showed that Neurontin was no more effective than a placebo in treating those conditions, though Pfizer never told doctors or patients about the findings, Kaiser said.
Several jurors said they were strongly influenced by the testimony of former FDA Commissioner David Kessler and Kay Dickerson, a Johns Hopkins epidemiologist whose article casting doubt on clinical studies of Neurontin appeared in the New England Journal of Medicine last year. Both testified on behalf of Kaiser.
“Dr. Dickerson was the lynchpin,” jury foreman Pierotti said.
Pfizer argued that Kaiser didn’t present testimony from any doctors claiming they wouldn’t have prescribed the medication if they had known better, Pfizer’s lawyer argued.
“No doctor wants to admit they were defrauded,” Pierotti said.
Warner-Lambert
Warner-Lambert Co. developed and marketed Neurontin for several years before Pfizer acquired the company in 2000. Four years later, Warner-Lambert pleaded guilty and agreed to pay $430 million to resolve off-label marketing allegations by the U.S. Justice Department.
Saris permitted jurors to hear evidence of the settlement during the trial.
“That helped a lot,” said juror Anderson.
The Justice Department claimed in a 2004 sentencing memorandum that Warner-Lambert’s marketing increased off-label sales from 15 percent of all Neurontin prescriptions in 1994, its first year on the market, to 94 percent, or $2.12 billion, of Pfizer’s Neurontin sales in 2002.
In 2002, responding to press reports of Pfizer’s allegedly fraudulent Neurontin marketing, Kaiser began an information campaign that led to a 34 percent drop in Neurontin prescriptions to its members, according to Saris.
Product Liability Suits
Among the cases in Saris’s court are product-liability suits claiming the drug is linked to an increased risk of suicide. The first trial in one of those, over the suicide death of a 39-year-old woman, ended when her family dropped the case. A second trial, involving the suicide of a 57-year-old Massachusetts man, is scheduled to begin next week in Boston.
In January, Saris dismissed fraud claims by Aetna Inc. and Guardian Life Insurance Co. against Pfizer. Unlike those companies, Kaiser showed it had considered Pfizer’s allegedly false claims and data in deciding to pay for off-label Neurontin prescriptions, Saris ruled before the trial.
The case is In re Neurontin Marketing, Sales Practices and Products Liability Litigation, MDL 1629, U.S. District Court, District of Massachusetts (Boston).”
A Remedy for True Happiness at Last
Posted by Chris in Uncategorized on March 25th, 2010
This is pretty funny
Pennsylvania Federal Court Upholds Union Health Benefit Funds’ Claims Under Consumer Protection Law And Unjust Enrichment To Recover Costs of Defective Duragesic® Patches
Posted by Chris in Fentanyl Patch on March 12th, 2010
Philadelphia, PA, March 12, 2010 — A consumer class action brought by two Philadelphia Municipal union health and welfare benefit plans to recover the money they and other health benefit and prescription plans paid for useless fentanyl pain patches that were recalled due to a manufacturing defect was permitted to proceed against three drug companies under a ruling handed down by US District Court judge Cynthia M. Rufe on March 12. The ruling came in the case of AFSCME District Council 47 v. Ortho-McNeil-Janssen, et al, (E.D. Pa., No. 2:08 cv 5904), in response to a motion to dismiss the case filed by the manufacturer defendants, Ortho-McNeil-Janssen, which sold Duragesic® brand patches, Sandoz, which marketed a generic version, and Alza Corporation, the actual manufacturer of the defective patches.
The lawsuit arose from the recall of Duragesic® pain patches announced on February 12, 2008. The patches contain fentanyl, a potent narcotic painkiller, and are designed to provide controlled, gradual release of the drug over three days. The recalled patches could have a manufacturing defect in which the inner reservoir of the fentanyl might have a cut which could cause a sudden and potentially fatal release of the drug. The recall notice instructed patients not to handle or use the pain patches subject to the recall. Health benefit plans throughout the country such as District Council 47 and the Fire Fighter’s benefit plans had expended money for the worthless patches.
The class action complaint filed on behalf of two union healths and welfare fund stated four legal grounds or bases for recovering the money spent for the patches: the Pennsylvania Unfair Trade Practices and Consumer Protection Law, express warranty, implied warranty, and unjust enrichment. The manufacturers, who to date have refused to reimburse health benefit plans, asked the Court to dismiss the case. The Court rejected numerous arguments raised by the manufacturers to avoid being held responsible. It found that the two union funds had legal standing to assert reimbursement claims against the manufacturers for the cost of the useless, recalled drug patches because the Complaint sufficiently alleged they had in fact been injured by the recall by paying the money. Furthermore, the funds were entitled to sue the manufacturer as a consumer under Pennsylvania’s consumer protection law. The Court also ruled the two union funds were qualified to sue under warranty law. However, the Court went on to dismiss the warranty claims because the plaintiffs had not notified the manufacturer of the warranty claim before filing suit.
According to Philadelphia attorney William D. Marvin, one of the attorneys representing plaintiffs “Judge Rufe’s opinion brings some much-needed clarity to some fundamental issues on the liability of drug manufacturers when their products are recalled or turn out to be something less than advertised. What is important here is the court’s clear determination that by paying for the prescriptions, health benefit providers have standing to sue manufacturers and distributors of defective or misrepresented products to recover the money paid for the products. We look forward to proceeding with discovery and on to trial now that our clients’ claims have been upheld.”
Mr. Marvin is with the law firm of Cohen, Placitella & Roth, P.C., of Philadelphia and Red Bank, New Jersey. The firm of Bailey, Perrin Bailey of Houston, Texas also represents the union funds in the class action.
For more information contact William D. Marvin, Esquire; (215) 567-3500; wmarvin@cprlaw.com
If Drugs Were Like Cars I Guess We Would Be a Lot Safer
Posted by Chris in Avandia, Dangerous Drugs, Defective Products on February 27th, 2010
According to an Institute for Safe Medication Practices report (see here) more than 1000 reports of patient deaths were received by FDA for rosiglitazone (AVANDIA) in the first three quarters of 2009, “more than any other drug we monitor.”
In contrast, at least 34 deaths have been linked to Toyota vehicle problems going back as far as 2004, forcing Toyota to recall more than 8 million vehicles worldwide.
The top executives of Toyota also had to appear before Congress and apologize profusely.
GSK (the maker of AVANDIA), on the other hand, is on an all out campaign to discredit the Senate investigation of AVANDIA.
According to one expert on the need to warn “If people are afraid to buy Toyotas, they should be about 400 times more afraid to take AVANDIA! I base this on an estimate of yearly death rates for AVANDIA (1333) vs Toyota (3.4). ”
Just like you can go out and buy a Honda instead of a Toyota, diabetes patients can go out and buy ACTOS instead of AVANDIA, according to Stephen Nissen, Chief Cardiologist at the Cleveland Clinic. If, that is, consumers evaluated drugs like they do automobiles.
Avandia: Money or Patient Safety? That is the Question.
Posted by Chris in Avandia, Dangerous Drugs on February 27th, 2010
An analysis of authors who published reports on GlaxoSmithKline’s Avandia diabetes pill shows that those with ties to the industry were more likely to conclude that the drug didn’t increase the risk of myocardial infarction compared with authors with no industry ties, according to a study presented at the American College of Preventive Medicine annual meeting, TheHeart.org reports.
The analysis, which was presented as a poster by Mohammed Hassan Murad of the Mayo Clinic,
reviewed 202 articles that addressed the possible association between MI risk and Avandia in diabetes patients. Articles selected for review addressed the findings of two studies, a meta-analysis of small trials and a subsequent larger trial, that contributed to the controversy, TheHeart.org writes.
Of the papers evaluated, 107, or 53 percent, included a conflict-of-interest statement and 90, or 45 percent, had a conflicting financial relationship. Among authors who concluded Avandia doesn’t increase the risk of MI, 91 percent had financial ties to makers of diabetes meds and 86 percent had relationships with Glaxo, TheHeart.org continues. Among authors of articles offering unfavorable reviews, only 25 percent had financial relationships with makers of diabetes meds and 18 percent had relationships with Glaxo that were disclosed in the papers.
Murad noted that in some cases, when an online search was conduced for some authors, they found some who listed financial conflicts in other publications that weren’t disclosed in their Avandia paper. “Disclosure rates of conflicting financial relationships were misleadingly low despite their clear and strong linkage with authors’ expressed views,” Murad noted. “These findings underscore the need for further progress in reform for the scientific record to be trusted. The quality of care patients receive is clearly affected by these findings.”
The study demonstrates the problem with pairing of researchers with financial interests in a company and studies involving that company’s product, according to David Katz of Yale University’s Prevention Research Center. “If the researcher has a direct financial interest in the item being studied, the researcher—who, unlike the funder, is responsible for interpreting the data—will share the funder’s bias,” Katz, who wasn’t involved in the analysis, tells TheHeart.org. “The trend in the literature indicates that most people do not adequately resist this inclination.”
Avandia: Are 500 Heart Attacks Per Month Enough to Convince You
Posted by Chris in Avandia, Dangerous Drugs on February 20th, 2010
A decade ago people were afraid of big the profit motives of Big Tobacco. Today those fears no turn to the profit motives of Big Pharma. The story appearing in today’s NYT is frightening to say the least.
According to the NYT, “The reports, obtained by The New York Times, say that if every diabetic now taking Avandia were instead given a similar pill named Actos, about 500 heart attacks and 300 cases of heart failure would be averted every month because Avandia can hurt the heart. Avandia, intended to treat Type 2 diabetes, is known as rosiglitazone and was linked to 304 deaths during the third quarter of 2009.
“Rosiglitazone should be removed from the market,” one report, by Dr. David Graham and Dr. Kate Gelperin of the Food and Drug Administration, concludes. Both authors recommended that Avandia be withdrawn.
The internal F.D.A. reports are part of a fierce debate within the agency over what to do about Avandia, manufactured by GlaxoSmithKline. Some agency officials want the drug withdrawn because they believe there is a safer alternative; others insist that studies of the drug provide contradictory information and that Avandia should continue to be an option for doctors and patients. GlaxoSmithKline said that it had studied Avandia extensively and that “scientific evidence simply does not establish that Avandia increases” the risk of heart attacks.
The battle has been brewing for years but has been brought to a head by disagreement over a new clinical trial and a Senate investigation that concluded that GlaxoSmithKline should have warned patients earlier of the drug’s potential risks.
Avandia was once one of the biggest-selling drugs in the world. Driven in part by a multimillion-dollar advertising campaign, sales were $3.2 billion in 2006. But a 2007 study by a Cleveland Cliniccardiologist suggesting that the drug harmed the heart prompted the F.D.A. to issue a warning, and sales plunged. A committee of independent experts found in 2007 that Avandia might increase the risk of heart attack but recommended that it remain on the market, and an F.D.A. oversight board voted 8 to 7 to accept that advice.
Hundreds of thousands still take the medicine, although some top endocrinologists say they have sworn off the drug.
Since 2007, more studies have been done. In a December 2009 internal memorandum, Dr. Janet Woodcock, director of the F.D.A.’s drug center, wrote that “there are multiple conflicting opinions” about Avandia within the agency, and she ordered officials to assemble another advisory committee, expected this summer, to reconsider whether the drug should be sold.
“I await the recommendations of the advisory committee,” the agency’s commissioner, Dr. Margaret Hamburg, said Friday night. “Meanwhile, I am reviewing the inquiry made by Senators Baucus and Grassley and I am reaching out to ensure that I have a complete understanding and awareness of all of the data and issues involved.”
The bipartisan multiyear Senate investigation — whose results are expected to be released publicly on Monday but which were also obtained by The Times — sharply criticizes GlaxoSmithKline, saying it failed to warn patients years earlier that Avandia was potentially deadly.
“Instead, G.S.K. executives attempted to intimidate independent physicians, focused on strategies to minimize or misrepresent findings that Avandia may increase cardiovascular risk, and sought ways to downplay findings that a competing drug might reduce cardiovascular risk,” concludes the report, which was overseen by Senator Max Baucus, a Montana Democrat, and Senator Charles E. Grassley, an Iowa Republican.
Mr. Baucus said of the report, “Patients trust drug companies with their health and their lives, and GlaxoSmithKline abused that trust.”
In response, GlaxoSmithKline said that it disagreed with the Senate investigation’s conclusions. The company said that it could not comment on internal F.D.A. documents but that “the official ruling from F.D.A. is that Avandia remain on the market.”
In the wake of the controversy, agency officials ordered GlaxoSmithKline to undertake a study comparing how many heart attacks, strokes and heart-related deaths occur among patients given either Avandia, Actos or a placebo. Studies suggest that Actos, made by Takeda, lowers blood sugar as well as Avandia but without hurting the heart as much.
But Dr. Graham and Dr. Gelperin, working in the F.D.A.’s office of surveillance and epidemiology, argued in two separate internal reports that the new GlaxoSmithKline study, called TIDE, is “unethical and exploitative” because patients given Avandia face far greater risks than those given Actos, with no promise of any additional benefit. The trial may include patients who have had heart attacks or chest pains even though some foreign drug authorities have warned against Avandia’s use by precisely such patients, the reports note.
“Although the proposed TIDE trial is motivated by a desire for definitive answers regarding the cardiovascular safety of the drug rosiglitazone, the safety of the study itself cannot be assured and is not acceptable,” one of the reports concludes.
These concerns, in internal reports dated October 2008 but not made public until now, were later overruled by other agency officials, and GlaxoSmithKline is currently enrolling patients in the TIDE trial. The trial is not expected to be completed until 2020, although the company is hoping to report some results to the F.D.A. by 2014. The company’s patent on Avandia expires in 2012, and generic versions will probably swallow most remaining profits.”
How much longer do we need to wait before Congress fixes this problem. If an airplane dropped from the sky every month killing 500 people do you think someone from Washington might do something about it?

