Transcript Workers’ Compensation Drugs

Workers’ Compensation
Drugs
Pain killers
Muscle relaxants
Anti-depressants
Anti-inflamatories
Popular Workers’ Compensation
Drugs Over the Last 10 years
Oxycontin
Neurontin
Celebrex
Vioxx
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 Neurontin Cardizem CD
Buspar –
Relafen Baycol AWP Paxil Synthroid -
$4.85 billion settlement pending
$420 million paid so far
$80 million paid
$41 million paid
$80 million paid
60 TPP’s paid without litigation
$255 million paid so far
$65 million paid
$87 million paid
Payoff to Comp SelfInsurers to Date
0
Payoff to Comp SelfInsurers to Date
$0
Why?
Payoff to Comp SelfInsurers 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 SelfInsurers 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”
Waiver
Venue
Standing
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.
610 666 8425
[email protected]
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