LegalNewsLine Logo  
Thursday, March 18 2010     Subscribe in NewsGator Online
News | Contact LegalNewsline | About Us | Advertise | RSS
Enter search keyword
 
NEWSLETTER
Receive our FREE weekly newsletter
click here
LNL MOST POPULAR ARTICLES
+ W.Va. SC won't rehear controversial $50M case
+ Poll: Brown, Whitman neck-and-neck
+ AG Tom Miller lands in GOP crosshairs
+ Obama nominates McConnell to federal bench
+ Brown gets polluting hair products taken off store shelves
LNL HOT TOPICS
+ Asbestos
+ Bankruptcy
+ Big Pharma
+ Class Action
+ Dickie Scruggs
+ Financial Crisis
+ Gasoline Prices
+ Global Warming
+ Hurricane Katrina
+ Lead Paint
+ Personal Injury
+ Sub-Prime Mortgages
State AGs 
 
Purdue pleads out, will pay $634 million in fines
McDonnell
ABINGDON, Va. - Only a few days after paying $20 million to 27 state attorneys general to settle similar civil allegations, Purdue Frederick Co. pleaded guilty in a Virginia federal court Thursday to criminal charges of misbranding the addictive and abusable nature of its prescription painkiller OxyContin.

The guilty pleas end a four-year investigation that was initiated by the Virginia Medicaid Fraud Control under the direction of then-Attorney General Jerry Kilgore. Also known as Purdue Pharma, the company and three of its top executives will pay a total of $634,515,475 in fines.

"The criminal behavior in this case embodies a systematic pattern of misrepresentations about the addictive nature of the product by these defendants," Attorney General Bob McDonnell said. "Purdue Frederick and certain corporate offices, over a period of time, engaged in criminally deceptive behavior which caused OxyContin, a highly addictive drug, to be misbranded."

According to the State Medical Examiner in Roanoke, Dr. William Massello, 228 individuals died in western Virginia from oxycodone overdoses from 1996-2005. Oxycodone is the main ingredient in OxyContin.

Purdue pleaded guilty to felony misbranding with the intent to defraud and mislead, while President and Chief Operating Officer Michael Friedman, Executive Vice President and Chief Legal Officer Howard Udell and former Executive Vice President of Worldwide Medical Affairs Paul Goldenheim each pleaded guilty to a misdemeanor charge of misbranding OxyContin.

McDonnell continued noting, "In our Commonwealth, we have a proven track record of investigating and prosecuting health care fraud schemes. The guilty pleas in this case demonstrate the committment of our state and federal law enforcement team to pursue corporate accountability in accordance with state and federal law.

Forfeited to the United States will be $276.1 million, while $160 million will be paid to federal and state government agencies to resolve liability for false claims made to Medicaid and other government healthcare programs.

Also, $130 million will be set aside to resolve private civil claims, with monies remaining after three years being paid to the United States. Another $5.3 million will be paid to McDonnell's Medicaid Fraud Control Unit to fund future healthcare fraud investigations, and $20 million will fund the Virginia Prescription Monitoring Program. Purdue also paid the maximum criminal fine of $500,000.

Individually, Friedman will pay $19 million, Udell will pay $8 million and Goldenheim will pay $7.5 million. The payments will go to McDonnell's Medicaid Fraud Control Unit, and each will also pay a $5,000 criminal fine.

"In our Commonwealth, we have a proven track record of investigating and prosecuting health care fraud schemes," McDonnell said. "The guilty pleas in this case demonstrate the commitment of our state and federal law enforcement team to pursue corporate accountability in accordance with state and federal law."

The Statement of Facts filed with the court showed that Purdue's own research found that the biggest negative of OxyContin "was the abuse potential."

McDonnell said Purdue misbranded OxyContin in three specific ways:

-Sales representatives told some healthcare providers that the drug had less euphoric effect and less abuse potential than short-acting opioids and exaggerated the differences between blood plasma levels achieved by OxyContin compared to the levels of other painkillers;

-Supervisors and employees drafted an article about a study of the use of the drug in osteoarthritis patients that was published in a medical journal, and the article was given to representatives for distribution to falsely represent that patients taking OxyContin at doses below 60 milligams per day could be discontinued abruptly without withdrawal symptoms; and

-Sales representatives told healthcare providers that a statement on the drug's package -- "delayed absorption, as provided by OxyContin tablets, is believe to reduce the abuse liability of a drug" -- meant that it did not produce a buzz or euphoria and had less addiction potential.

The case was investigated by the Virginia Attorney General's Medicaid Fraud Control Unit; Food and Drug Administration, Office of Criminal Investigations; Internal Revenue Service Criminal Investigation; the Department of Health and Human Services Office of Inspector General; Department of Labor, Office of Inspector General; Defense Criminal Investigative Service; Virginia State Police; and West Virginia State Police.

The case was prosecuted by Assistant United States Attorneys Rick Mountcastle, Randy Ramseyer and Sharon Burnham and U.S. Department of Justice, Office of Consumer Litigation and trial attorneys Barbara Wells and Elizabeth Stein.

Filed Under: State AGs


COMMENTS ON THIS ARTICLE:

No comments have been posted in the last 15 days!

SEND US YOUR COMMENTS ON THIS ARTICLE:


* - Required fields

Subject: *
Message: *
Contact Name: *
Contact URL:
Contact Email: *
This Is CAPTCHA Image
Write the characters in the image above: 

E-mail this article to a friend | Printer friendly format

MORE NEWS HEADLINES:
+ Stenehjem to seek fourth term as N.D. attorney general - 3/17  
+ Ohio pool company agrees to change business practices - 3/17  
+ AG Wasden faces possible pay cut - 3/17  
+ Nevada AG hails ruling on brothel advertising - 3/16  
+ Drug company to pay Florida $6.5 million for price manipulation&#... - 3/16  
+ Brown gets polluting hair products taken off store shelves - 3/16  
+ Hawaii AG pursues cigarette tax scofflaws - 3/16  
+ AG Tom Miller lands in GOP crosshairs - 3/15  
+ Bill would have let W.Va. AG probe fuel price-gouging - 3/15  
+ Blumenthal wants rate increase rejected - 3/15  


IN THE SPOTLIGHT:
Wednesday, March 10, 2010
Most of the judges on the New Mexico Court of Appeals get a failing grade when it comes to the "expansion of liability," according to a judicial evaluation report.
Read more...


+ 'Land of Enchantment' in 'Hellhole': Tort reform group calls New Mexico's appeals court 'pro-liability' - 3/2
+ Group puts the brakes on Honda class action settlement - 2/23
+ AG Brown, feds sitting out whisteblower suit against pipemaker - 2/18
+ Calif. AG hopeful vows to target public employee pension increases - 2/12
+ Nebraska AG Bruning's political star rising - 2/5
BROWSE BY STATE:
 
BROWSE BY AG:
 
BROWSE BY DATE:
 
LATEST LNL BLOG ENTRIES:
+ Abbott: Beware Dietary Supplement Scams and 'Miracle' Health Claims
+ Abbott's signs of a scam
+ AG McCollum on convicts in the mortgage industry
NEWS WIDGET:
Attention bloggers:
Add Record Headlines to your site!


fast + free- click here

NEWS | CONTACT LEGALNEWSLINE | ABOUT US | ADVERTISE | RSS © 2008 LegalNewsLine.com. All Rights Reserved.