Published August 21, 2009: 09:22 AM ET by CNNMoney

Drug maker Eli Lilly & Co. (LLY) has agreed to pay $22.5 million to settle a lawsuit in which West Virginia’s attorney general accused Lilly of improperly promoting the antipyschotic Zyprexa.

It’s the latest Lilly payout for Zyprexa. In recent years, the company has agreed to pay at least $2.6 billion to settle various personal-injury lawsuits and government investigations of its marketing practices related to the drug. Zyprexa is Lilly’s best-selling drug, generating $2.3 billion in sales for the first half of 2009.

The massive litigation stems largely from allegations that use of Zyprexa caused high blood sugar and diabetes in users, and that Lilly improperly warned of these risks. In addition, Lilly marketed the drug for unapproved uses such as helping nursing-home patients fall asleep, which authorities say caused improper reimbursement claims for the drug to be submitted to government health-insurance programs.

Indianapolis-based Lilly reached the settlement with West Virginia in late July and the pact was unsealed by a court Thursday. In the second quarter ended June 30, Lilly booked a pretax charge of $105 million to cover anticipated settlements with various U.S. states. Lilly is in advanced discussions with several states, the company said.

The West Virginia payout comprises $15.75 million to the state, plus $6.75 million to its outside attorneys, said spokeswoman Marni Lemons. Non-monetary terms of the deal include Lilly’s commitment to proper promotional practices, dissemination of Lilly’s funding of continuing-medical education for doctors, and disclosure of Zyprexa clinical trial data.

Lilly didn’t admit any wrongdoing under the agreement.

The states with pending cases against Lilly are Arkansas, Connecticut, Idaho, Louisiana, Mississippi, Minnesota, Montana, New Mexico, Pennsylvania, South Carolina and Utah.

This week, a U.S. judge in Brooklyn who is overseeing the Zyprexa litigation sent letters to some state judges urging that the remaining state and federal cases be resolved in a coordinated settlement.

Published August 21, 2009  beaumontenterprise.com

By: Margaret Toal

Twelve people in Orange County are listening to engineers, looking at police photos and following computer graphics that seek to explain the death of a 13-year-old and the possible role of a Yamaha Rhino.

And there’s a crowd with them in District Court Judge Dennis Powell’s courtroom as more than a dozen lawyers and legal assistants take notes, type on laptop computers or check their Blackberries.

Sometime, perhaps as early as next week, the jury will be asked to decide where the responsibility for this accident lies.

Eddie Ray, 13, riding a Yamaha Rhino for fun while out of school for Hurricane Humberto when he died of a head injury after the four-wheel vehicle that resembles a souped-up golf cart flipped over.

Almost 500 legal cases have been filed against Yamaha regarding injuries connected with rollovers in the Rhino, which first hit the market in 2003. The case in Orange is the first in the nation to go to trial, said plaintiff’s lawyer Tim Malony of San Antonio.

Malony said the lawsuit is not asking for a specific amount of money in damages. The goal, he said, “is to get this product off the market.”

The U.S. Consumer Product Safety Commission reports 59 deaths have been associated with the vehicle that is considered an “off-road vehicle” rather than an all-terrain vehicle.

Eddie Ray was a seventh-grade student at West Orange-Stark Middle School when he died after being injured on Sept. 13, 2007.

Published August 11, 2009 by aboutlawsuits.com

A fentanyl patch recall has been issued by Watson Pharmaceuticals, Inc. for one lot of their generic 100 mcg/hr pain patches, as manufacturing problems could cause the patches to leak the powerful fentanyl gel contained inside, potentially causing an overdose, respiratory depression or death.  

 The Watson pain patch recall was announced on Friday, for 100 mcg/hr Fentanyl Transdermal System patches shipped in the United States between April 2, 2009 and May 20, 2009, with the Lot Number 145287A. The lot number is located on the box or the foil patch, and any pouches covered by this recall should not be handled directly.

The fentanyl pain patch is a generic version of the Duragesic patch, and is designed for use by patients suffering from severe, chronic pain. The patch is supposed to release fentanyl, a powerful opioid that is 100 times more potent than heroine, over an extended period of time. However, if the fentanyl gel leaks out of the patch and comes in direct contact with the skin, it could cause a fatal fentanyl overdose.

Similar manufacturing problems have resulted in a number of prior recalls and hundreds of fentanyl pain patch overdose deaths have been associated with different versions of the patch since it was first introduced by Johnson & Johnson in 1994.

At least six different fentanyl patch recalls have been issued by Johnson & Johnson and companies manufacturing generic versions of the patch, raising questions about whether the powerful painkiller can be safely made.

Last year, in August 2008, another Watson fentanyl patch recall was issued for 75 mcg/hr pain patches due to the same risk of leaks and overdose.

Dozens of pain patch wrongful death lawsuits have been filed against manufacturers of the fentanyl patches, alleging that defects caused too much of the gel to be delivered into the users bloodstream. Out of the first four cases to go to trial against Johnson & Johnson, the plaintiffs have been successful in each case, receiving verdicts that combine to exceed $36 million.

I think it is a fair assumption to say that most people who smoke wish they had never started.  Unfortunately, it is a very rare occasion to quit smoking on the first attempt.  I personally know of a woman who used cigarettes as a weight loss tool.  She died of emphysema at the age of 57.  The woman was my mother-in-law.  Not only is smoking debilitating to your health, it is just downright expensive.

            It is no wonder that the public was excited when Pfizer introduced Chantix and received approval by the F.D.A. in May, 2006 as a smoking cessation drug.  Here was medication that promised them freedom from their dependence on cigarettes.  Sadly, it didn’t take long to discover that Chantix had some potentially tragic side effects. 

            The United States Food and Drug Administration issued an Early Communication to the public and health care providers on November 20, 2007 that they were evaluating “…adverse event reports on Chantix related to changes in behavior, agitation, depressed mood, suicidal ideation, and actual suicidal behavior…”  Tragically, this announcement came too late for some. 

            As I have said, I have seen the powerful grip that cigarettes can have and the desperation to break free.  I have also spoken to individuals who have taken Chantix and have experienced its heartbreaking effects.   If you or someone you love has been a victim of these side effects, you don’t need to go through this alone.  I would like to invite you to visit my website at www.dreamlegalteam.com.  Feel free to fill out an online consultation form or engage in a live chat.  Once again, the website is www.dreamlegalteam.com.  Don’t wait.

          Good, bad or ugly, tell us what you think of this blog!