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AG announced Depakote settlement

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Attorney General Greg Zoeller announced Monday that Indiana will recoup millions of dollars in two separate settlements of multistate lawsuits against pharmaceutical maker Abbott Laboratories over illegal off-label marketing of its drug, Depakote.

In a case investigated by the Attorney General’s Consumer Protection Division, Indiana will receive $1,978,345 in the settlement with Abbott Laboratories. The Indiana settlement is part of a larger $100 million settlement with 44 other states and the District of Columbia that is the largest consumer protection-based pharmaceutical settlement ever reached.

In a separate action, the AG’s Medicaid Fraud Control Unit on Monday joined in a multistate settlement that included the federal government to resolve allegations that Abbott Laboratories engaged in illegal marketing practices involving Depakote that resulted in false claims being submitted to the Medicaid program for reimbursement. Indiana will recover $4,923,742.07 in the Medicaid settlement, as part of a larger $1.5 billion civil and criminal settlement between Abbott and the federal government, 48 other states and the District of Columbia. According to the U.S. Department of Justice, the $1.5 billion settlement is the second-largest recovery ever from a pharmaceutical company through a single civil-and-criminal settlement.

“Pharmaceutical companies that illegally market drugs for off-label purposes must be held accountable for their actions and this settlement should serve as a warning to others,” Zoeller said. “The substantial payments to states under these dual agreements and the marketing restrictions imposed will address many concerns identified in the parallel investigations, including prohibiting any false representation of the drug in the future.”

Depakote is approved by the U.S. Food and Drug Administration for treatment of seizure disorders, mania associated with bipolar disorder and prevention of migraines. While it is not illegal for physicians to prescribe drugs for off-label uses the FDA has not approved, it is unlawful for drug companies to market drugs to doctors, healthcare providers and institutions for unapproved uses.

Additional information about the Depakote complaints is available on the AG’s website.


 

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  • How?
    What, when, where, why and how. It would have been interesting to know how Abbott was marketing off label (for what use).

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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