AstraZeneca faces 8,440 cases over Seroquel risks
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Astra CEO in London trial will take stand
AstraZeneca faces 8,440 cases over Seroquel risks
By Andrew Eder
June 20, 2008
The chief executive of AstraZeneca is set to be deposed today
regarding allegations the company hid the risk that its anti-psychotic
drug Seroquel could cause diabetes in users.
David Brennan, who led AstraZeneca's U.S. unit in Fairfax before being
appointed CEO of the London-based drug maker in 2006, will answer
questions in London from attorneys representing thousands of
plaintiffs across the Unites States.
"A lot of very good people have been severely injured for the rest of
their life because of the conduct of this company and the effect of
this drug," said attorney Paul Pennock of the New York firm Weitz &
Luxenberg, which is handling about 2,500 Seroquel cases in federal and
state courts.
In all, AstraZeneca said it faces 8,440 personal injury lawsuits from
more than 12,000 plaintiffs over Seroquel, a drug developed in
Delaware by AstraZeneca's corporate predecessor Zeneca Group.
The lawsuits include a consolidated case in federal court in Florida,
for which Brennan is giving his deposition, as well as clusters of
state court cases in Delaware, New Jersey, New York and Missouri.
Pennock said the first cases are likely to go to trial next spring.
AstraZeneca said Seroquel, part of a class of drugs known as atypical
anti-psychotics, has helped millions of people suffering from mental
illnesses lead healthy lives.
The company said the nature of the plaintiffs' alleged injuries is
unclear and little or no information about the alleged injuries was
provided in the complaints.
"AstraZeneca intends to litigate these cases on the merits and will
defend the cases vigorously," company spokesman Tony Jewell said.
Pennock said the team of plaintiffs' attorneys, from several law firms
across the country, believes the evidence at trial will show that
AstraZeneca knew Seroquel could potentially cause high blood sugar
levels, weight gain and diabetes; that the company hid the dangers;
and that it avoided studying the issue to limit evidence of the risks.
AstraZeneca added a warning about the risk of hyperglycemia and
diabetes to Seroquel's label in 2004 at the urging of the U.S. Food
and Drug Administration.
Pennock said as many as 70 percent of Seroquel prescriptions were for
"off-label" uses, meaning the FDA has not approved the drug for those
uses. Seroquel is approved for the treatment of schizophrenia and
bipolar disorder, but AstraZeneca is asking the FDA also to approve
its once-daily version of the drug, Seroquel XR, for depression and
anxiety disorder.
At least three states, including Pennsylvania, have sued AstraZeneca
over its marketing of Seroquel, the company's No. 2 drug with more
than $4 billion in sales last year.
Jewell said AstraZeneca promotes its medications in accordance with
FDA regulations. Doctors are free to prescribe medications as they see
fit.
"That's their decision based on their medical judgment about the needs
of their patients," Jewell said.
Eli Lilly & Co. has paid at least $1.2 billion to settle product
liability claims with more than 31,000 people over Zyprexa, another
atypical antipsychotic. AstraZeneca said in a financial filing in
January that it had incurred legal costs of about $200 million, and
that it expects its product liability insurance to cover its legal
costs in the cases.
Pennock, who said AstraZeneca's attorneys have refused to discuss a
settlement, said he thought Seroquel litigation could cost the drug
maker as much as $10 billion.
On Thursday, Pennock's firm released information on a lawsuit filed in
New Jersey on behalf of a New York City paramedic who was injured at
the World Trade Center on Sept. 11, 2001.
The law firm said the paramedic was prescribed Seroquel for
post-traumatic stress disorder and later developed type 2 diabetes.
"His case is emblematic of the problem," Pennock said.
Link to story:
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20080620/BUSINESS/806200327/1003
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