Judge Patti B. Saris of United States District Court in Boston upheld
a jury’s finding that the Kaiser Foundation Health Plan and Kaiser
Foundation Hospitals deserved the award over their claims that Pfizer
illegally promoted Neurontin for unapproved uses.
In her ruling on Thursday, Judge Saris tripled the jury’s award of
$47.3 million under a provision of the Racketeer Influenced and
Corrupt Organizations Act of 1970.
Kaiser officials claimed they were duped into believing that
migraines
and bipolar disordercould be treated effectively with Neurontin,
approved in 1993 by the Food and Drug Administration for epilepsy.
Chris Loder, a Pfizer spokesman, said the company intended to appeal.
Kaiser, based in Oakland, Calif., claimed it was forced to pay $90
million more than it should have for the drug.
Pfizer currently faces more than 300 suits accusing it of illegally
promoting Neurontin or hiding its health risks. Lawyers for former
users of Neurontin contend the drug maker knew the medicine posed a
suicide risk and failed to disclose it to patients and doctors.
The Warner-Lambert Company developed and marketed Neurontin for
several years before Pfizer acquired the drug maker in 2000. Four
years later, Warner-Lambert pleaded guilty and agreed to pay $430
million to resolve off-label marketing allegations by the Justice
Department.
KMDickson