Workers’ Compensation Drugs Pain killers Muscle relaxants Anti-depressantsAnti-inflamatories

Popular Workers’ Compensation Drugs Over the Last 10 years OxycontinNeurontinCelebrexVioxx

Trends in Comp Drug Costs UP

Types of Suits Against Drug Companies Off Label Marketing/FDA Approval Problems Average Wholesale Price Manipulation Consumer Fraud Ineffectiveness Side Effects Recalled Drugs Rendered Worthless Collusion/Anti-Trust Personal Injury

Types of Plaintiffs in Suits Against Drug Companies Health Insurers Individual Consumers Union Health Plans Consumer Advocacy Groups Attorneys General Classes of the Above

How Much is at Stake? Vioxx - $4.85 billion settlement pending Neurontin - $420 million paid so far Cardizem CD$80 million paid Buspar – $41 million paid Relafen - $80 million paid Baycol- 60 TPP’s paid without litigation AWP- $255 million paid so far Paxil-$65 million paid Synthroid - $87 million paid

Payoff to Comp Self- Insurers to Date 0

Payoff to Comp Self- Insurers to Date $0Why?

Payoff to Comp Self- Insurers to Date $0 Why? Don’t know about pending cases Don’t have a department that does this Don’t receive class claim notices Don’t know they are part of the class They aren’t part of the class

Payoff to Comp Self- Insurers to Date $0 Why? Fear of being seen as a plaintiff Compare: Ambulance chasing vs. subrogation Not sure how to get into it The hassle and expense vs. the potential payoff

Typical Drug Co. Defenses Preemption – “Unavoidably unsafe” Statute of Limitation “Learned Intermediary” WaiverVenueStanding Proximate Cause Extent of Damages

Problems with class actions Class Status Challenges Jurisdiction and Venue Big Companies as Plaintiffs Mood of the Country Commonality

Case Study - Vioxx Claims: Recalled pills rendered worthless Ineffective vs. cheaper drugs Misrepresentation of risk Fraud on the marketplace Personal injury Securities claims

Case Study - Vioxx Personal Injury Verdicts Magnitude of Defense Third Party Claims Class Action Thrown Out Impact of $4.5 billion Settlement Pool Status of Individual Third Party Payer Suits

Case Study - Neurontin Claims: Illegal Off Label Marketing Ghost Articles Efficacy vs. Cheaper Alternatives Fraud in the FDA Approval Process Personal Injury Securities Case

Case Study - Neurontin Government Action Class Suit Individual Third Party Payer Suits URO’s and Similar Comp Challenges Neurontin and Oxycontin Personal Injury Suits

Benefits of Getting Involved Keeping Drug Companies Honest Combating Consumer Driven Demand Through Education of Risks Recovering Money Wasted on Ineffective Drugs Preventing Others From Profiting Off of Your Payouts

Disadvantages of Getting Involved Commitment of Time Data Production Problems Wrong side of the “V” Legal Fees and Expenses

More Information Cliff Goldstein The Chartwell Law Offices, LPP

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