The Associated Press reported today that Merck & Co., manufacturer of Vioxx, will begin making payments into a settlement fund beginning in… ]]> http://www.beasleyallen.com/news/Merck-will-fund-Vioxx-settlement-in-August/ http://www.beasleyallen.com/news/Merck-will-fund-Vioxx-settlement-in-August/ Firm Announcements Thu, 17 Jul 2008 05:07:00 GMT MONTGOMERY, Ala. (AP) - Pharmaceutical company Merck says it will start cutting checks next month for former users of its withdrawn painkiller Vioxx. Merck announced plans today to fund the $4.8 billion settlement involving about 50,000 lawsuits.

Montgomery attorney Jere Beasley, whose firm helped negotiate the settlement, says it's an important day for users of Vioxx.

More than 48,000 of the roughly 50,000 people who claimed injuries have agreed to participate in the settlement program.

Beasley says that large numbers shows the settlement was a good agreement.

The decision marks the beginning of the end of the four-year legal saga, which began when cardiovascular side effects forced Merck to pull Vioxx off the market in 2004, triggering tens of thousands of lawsuits, sullying its once-spotless reputation and forcing out its then-chief executive.

The Vioxx case has cost Merck at least $6.38 billion, including more than $1.53 billion through March 31 on legal costs for defense research and individual trials, most of which it has won.

Vioxx, which was launched in 1999, brought Merck revenue of $2.5 billion at its peak in 2003and $1.3 billion in 2004. Merck has not been disclosing revenue from prior years.

On Thursday, Whitehouse Station, N.J.-based Merck said more than 97 percent of eligible… ]]> http://www.beasleyallen.com/news/Health-officials-seek-participants-for-PFC-study/ http://www.beasleyallen.com/news/Health-officials-seek-participants-for-PFC-study/ Legal Headlines Thu, 17 Jul 2008 05:07:00 GMT Starting this month, officials from the Minnesota Department of Health (MDH) will begin recruiting participants for the East Metro Perfluorochemical (PFC) Biomonitoring Study.

The study will directly measure the amount of the PFCs in 200 participants who live in the east metro area, where the drinking water has been found to contain the chemicals.

The 3M Company produced PFCs at its Cottage Grove facility from the late 1940s until 2002. Common products that contain the chemicals include non-stick cookware, stain resistant carpets and fabrics, fire-fighting foam, adn other industrial applications.

The study stems from 2007 state legislation directing the MDH to develop and implement a statewide Environmental Health Tracking and Biomonitoring program.

It will determine whether adults in the study area have elevated levels of PFCs in their bodies compared to the general population, based on data collected nationally.

To be… ]]> http://www.beasleyallen.com/news/VA-faults-self-over-Chantix-test/ http://www.beasleyallen.com/news/VA-faults-self-over-Chantix-test/ Legal Headlines Thu, 10 Jul 2008 05:07:00 GMT Department of Veterans Affairs watchdogs have concluded that the department failed to alert veterans suffering from post-traumatic stress disorder in a timely manner to the dangers posed by a drug it was prescribing, VA officials acknowledged Wednesday under sharp questioning from lawmakers.

The legislators also were told that the department's inspector general has begun investigating a report that research personnel falsified certain study records at the VA Medical Center in the District.

"That is something we need to make sure never happens again," VA Secretary James B. Peake said of the delayed warnings to veterans using the smoking-cessation drug Chantix, which has been linked to psychotic and suicidal behavior in its users.

He said that veterans participating in a smoking-cessation study can continue to take the drug, but that an internal review conducted by agency doctors will have the final say in a report to Congress on July 18.

"I have… ]]> http://www.beasleyallen.com/news/Columbus-gets-$3.4M-damages-check/ http://www.beasleyallen.com/news/Columbus-gets-$3.4M-damages-check/ Legal Headlines Wed, 09 Jul 2008 05:07:00 GMT The city of Columbus was awarded $3.4 million Tuesday for its share of punitive damages in its lawsuit against a Phenix City plant.

"Absolutely, we are excited. It moved so fast," City Manager Isaiah Hugley said Tuesday after the city was wired $3,462,255.68. "We just signed the documents yesterday. Money has been wire transferred today."

The city of Columbus, local boat dealer John Tharpe and south Columbus resident Owen Ditchfield won their suit against Continental Carbon in 2004. They had said their homes, businesses and buildings had been damaged by carbon black dust emitted from the plant.

The city was awarded $570,000 in compensation, Tharpe received a $100,000 personal award and $1.2 million for his Action Marine business, and Ditchfield was awarded $45,000 plus interest, but the punitive damages were appealed. On June 27, the U.S. Supreme Court rejected all appeals of the $17.5 million in punitive damages, clearing the way for Tuesday's release of the… ]]> http://www.beasleyallen.com/news/Health-Department-will-measure-PFC-levels-in-adults-near-3M-plant,-landfills/ http://www.beasleyallen.com/news/Health-Department-will-measure-PFC-levels-in-adults-near-3M-plant,-landfills/ Legal Headlines Wed, 09 Jul 2008 05:07:00 GMT THE LATEST: Continuing concern about possible contamination from chemicals produced at 3M's Cottage Grove facility has state health officials seeking volunteers for a study of perfluorochemical levels in residents near the plant and several landfills.

BACK STORY: PFC-containing wastes were disposed in a number of landfills in the east metro and have seeped into the groundwater and contaminated numerous private wells and some municipal wells.

3M has financed a filtering system for two Oakdale wells and hookups with city water for more than 200 Lake Elmo homes whose wells showed PFC levels above state health guidelines.

STUDY IS MANDATORY: The legislatively required study will measure PFC levels in 200 adults who live in the east metro area, where the drinking water has been found to contain PFCs, the state Health Department said.

TO BE ELIGIBLE: Adults must live in one of the two… ]]> http://www.beasleyallen.com/news/Why-doctors-should-worry-about-preemption/ http://www.beasleyallen.com/news/Why-doctors-should-worry-about-preemption/ Legal Headlines Tue, 08 Jul 2008 05:07:00 GMT A leading drug company may be poised to win a landmark legal victory next fall. If the drug manufacturer, Wyeth, prevails in a case soon to be argued before the U.S. Supreme Court (Wyeth v. Levine),¹ drug companies could effectively be immunized against state-level tort litigation if their products that have been approved by the Food and Drug Administration (FDA) are later found to be defective.

A medical-device company won such a victory in April. In Riegel v. Medtronic,² the Supreme Court determined that a product-liability lawsuit against Medtronic in a state court was preempted because the device had received FDA approval. Preemption is a legal doctrine based on the supremacy clause of the U.S.… ]]> http://www.beasleyallen.com/news/Video-of-Thursday's-press-conference-now-available/ http://www.beasleyallen.com/news/Video-of-Thursday's-press-conference-now-available/ Firm Announcements Sun, 06 Jul 2008 05:07:00 GMT MONTGOMERY, ALA. - After winning three cases against drug manufacturers, the State of Alabama has requested that the 69 companies in the remaining lawsuits be settled.  Initially, the State Medicaid Agency sued 72 drug manufacturers for falsely reporting reimbursement drug prices to the State.  Two companies settled with the State.  The three companies that have been tried have each been found guilty of fraudulent conduct by Montgomery County juries.  The first case against Astrazeneca resulted in a $215 Million verdict, which was reduced after post-verdict hearings to $160 Million by the trial judge.  The second trial resulted in verdicts totaling $114 Million against Glaxo-Smith-Kline and Novartis Pharmaceuticals Company.  Jere Beasley, the lead attorney for the State of Alabama, stated in a news conference:

"Attorney General Troy King is contacting all of the remaining drug manufacturers which have been sued by the State of Alabama and will give each of them an… ]]> http://www.beasleyallen.com/news/Pharmaceutical-companies-have-30-days-to-settle/ http://www.beasleyallen.com/news/Pharmaceutical-companies-have-30-days-to-settle/ Firm Announcements Thu, 03 Jul 2008 05:07:00 GMT

MONTGOMERY, ALA - Jere Beasley, founding shareholder of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., announced this morning Alabama Attorney General Troy King has put 69 pharmaceutical companies accused of defrauding Alabama's Medicaid system on notice they have 30 days to settle or be brought to trial.

Beasley's firm represents the State of Alabama in a series of cases against a total of 72 pharmaceutical companies. Three of the companies already have gone to trial, one in February and two in June, with juries in both trials finding in favor of the State, awarding a total of $329 million. There are 69 companies left facing charges of fraud. The State alleges the drug… ]]> http://www.beasleyallen.com/news/Alabama-gives-cos-30-days-to-settle-Medicaid-case/ http://www.beasleyallen.com/news/Alabama-gives-cos-30-days-to-settle-Medicaid-case/ Legal Headlines Thu, 03 Jul 2008 05:07:00 GMT MONTGOMERY, Ala., July 3 (Reuters) - The state of Alabama said on Thursday it would offer 69 drug companies it sued over alleged Medicaid price-fixing 30 days to reach a settlement before taking further legal action.

"The defendants will have a 30-day window in which to make an acceptable settlement offer. After that time, there will be no further settlement negotiations by the state," Jere Beasley, lawyer for the plaintiffs, told a news conference.

(Reporting by Peggy Gargis, editing by Jeffrey Benkoe)

The conference will address important developments in the remaining 69 cases involving the Alabama Medicaid fraud lawsuits.

The event will be held at Beasley Allen's main office in downtown Montgomery, Ala., at 218 Commerce Street, 3^rd floor.

For more information, contact Paul Lynn at 800-898-2034 or 334-269-2343.

Video coverage of the press conference

The state claims GlaxoSmithKline and Novartis engaged in fraud from 1991 to 2005, depriving the cash-strapped Medicaid program of badly needed resources. Attorneys for the two firms said the companies followed federal rules and the prices were proper.

The jury deliberated for about an hour Monday, then broke for the night. Deliberations are scheduled to resume at 9 a.m. Tuesday.

GlaxoSmithKline is a London-based healthcare company with U.S. headquarters in Philadelphia and Research Triangle Park, N.C. Its drugs include the asthma medication Advair. Novartis, which makes blood pressure medications Diovan and Tekturna, is the U.S. affiliate of a Swiss company with headquarters in East Hanover, N.J.

Alabama's attorney, Jere Beasley, told jurors in closing arguments that… ]]> http://www.beasleyallen.com/news/Jury-returns-verdict-of-$114M-in-Medicaid-fraud-case/ http://www.beasleyallen.com/news/Jury-returns-verdict-of-$114M-in-Medicaid-fraud-case/ Firm Announcements Tue, 01 Jul 2008 05:07:00 GMT MONTGOMERY, ALA. - After a week of testimony and two days of deliberations, an Alabama jury today returned a verdict of $80.9 million against pharmaceutical company GlaxoSmithKline and $33.2 million against Novartis. The companies were accused of illegally overcharging the State of Alabama for Medicaid drugs.

The state's claim included testimony that GlaxoSmithKline and Novartis engaged in fraud from 1991 to 2005, charging the Medicaid program one price for drugs while offering discounts and special prices to other companies.

This is the second verdict in favor of the State of Alabama against more than 70 drug companies accused of defrauding the Medicaid program, in the second case to go to trial. In the first trial, which concluded in February, a jury awarded the state $215 million from AstraZeneca Pharmaceuticals. Montgomery Circuit Judge Charles Price later reduced the amount to $160… ]]> http://www.beasleyallen.com/news/Jury-awards-state-millions-in-drug-trial/ http://www.beasleyallen.com/news/Jury-awards-state-millions-in-drug-trial/ Firm Announcements Tue, 01 Jul 2008 05:07:00 GMT The jury reached a decision Tuesday afternoon in the fraud lawsuit brought by the state against two drug companies.

The jury awarded the state a little more than $33,000,000 in compensatory damages from Novartis Pharmaceutical Company and almost $81,000,000 in compensatory damages from GlaxoSmithKline also known as GSK.

The jurors deliberated for about seven hours. They were trying to decide if the state of Alabama had been cheated by the drug companies. In other words, did the two drug companies knowingly charge the state's Medicaid agency more for prescription drugs than they charged their other clients? The jury said "Yes, they did."

But, the attorney who represented the state, Jere Beasley, wasn't completely happy with the verdict. "I was disappointed with the GSK verdict but the jury obviously believed that punitives weren't justified but I accept that. With Novartis, that was close on punitives. So, I certainly accept that. Both companies committed… ]]> http://www.beasleyallen.com/news/Alabama-Attorney-General-Release-on-Drug-Trial-Verdict/ http://www.beasleyallen.com/news/Alabama-Attorney-General-Release-on-Drug-Trial-Verdict/ Firm Announcements Tue, 01 Jul 2008 05:07:00 GMT (MONTGOMERY)-Attorney General Troy King today announced a second major victory in his litigation against drug companies for massive overcharges to the Alabama Medicaid Agency.  A jury in Montgomery County Circuit Court returned a verdict in favor of the State of Alabama, finding defendants, GlaxoSmithKline and Novartis Pharmaceuticals Corp. liable for a total of $114,247,233, of which $80,989,539 is from GlaxoSmithKline and $33,257,694 is from Novartis. 

"The State of Alabama continues to achieve victories in the important work of recovering what has been stolen from the Alabama Medicaid Agency and those who depend upon that agency for their needed medicines. Again, we express our gratitude and appreciation to Medicaid Commissioner Carol Steckel for her assistance."

On February 21, 2008, the first of the "AWP" cases to be tried resulted in a verdict for $215 million against the AstaZeneca pharmaceutical company.  On January 27, 2005, Attorney General… ]]> http://www.beasleyallen.com/news/Jury-now-has-case-against-two-drug-companies-in-Alabama/ http://www.beasleyallen.com/news/Jury-now-has-case-against-two-drug-companies-in-Alabama/ Legal Headlines Tue, 01 Jul 2008 05:07:00 GMT June 30, 2008 (AP) MONTGOMERY, Ala.  - Attorneys have completed closing arguments in the trial of the state of Alabama's lawsuit against two prescription drug companies. The jury now has the case.

An attorney for the state of Alabama has asked jurors to make two drug companies pay as much as $800 million in a lawsuit accusing the firms of fraud in Medicaid drug pricing.

The state claims the fraud lasted from 1991 to 2005.

Attorneys for GlaxoSMithKline and Novartis say the prices were proper. Attorney Jere Beasley, representing the state, told jurors in closing arguments Monday that GlaxoSmithKline should have to pay almost $81 million in compensatory damages and as much as $500 million in punitive damages. Beasley said Novartis Pharmaceuticals should have to pay about $33 million in compensatory damages and between up to $200 million in punitive damages.

An attorney for GSK, Don Jones, said the company did nothing wrong and that the lawsuit was… ]]> http://www.beasleyallen.com/news/Jury:-2-drug-firms-owe-Ala.-$114M-in-price-fraud/ http://www.beasleyallen.com/news/Jury:-2-drug-firms-owe-Ala.-$114M-in-price-fraud/ Legal Headlines Tue, 01 Jul 2008 05:07:00 GMT MONTGOMERY, Ala. (AP) - A state court jury on Tuesday found two major pharmaceutical companies defrauded Alabama in a long-running Medicaid drug pricing scheme and ordered the firms to pay more than $114 million in damages.

The jury found that GlaxoSmithKline should pay the state $80.8 million in compensatory damages and that Novartis should pay about $33.7 million in similar damages. But it declined to order any punitive damages.

An attorney representing the state, Jere Beasley of Montgomery, said the verdict should help Alabama and other states settle similar lawsuits with drug companies.

Overall, the state had asked for as much as $800 million in total damages in what its attorneys claimed was a scheme to overcharge for Medicaid prescription drugs from 1991 to 2005.

The jury awarded the amount of compensatory damages Beasley had asked for in closing arguments.

"I think the jury looked at the evidence and decided the fraud was substantial… ]]> http://www.beasleyallen.com/news/Glaxo-and-Novartis-must-pay-Alabama-$114-million/ http://www.beasleyallen.com/news/Glaxo-and-Novartis-must-pay-Alabama-$114-million/ Legal Headlines Tue, 01 Jul 2008 05:07:00 GMT July 1 (Bloomberg) -- GlaxoSmithKline Plc and Novartis AG inflated drug prices paid by Alabama's Medicaid program and must pay the state $114.3 million in damages, a jury ruled after a two-week civil-fraud trial.

After deliberating for 5 1/2 hours yesterday and today, the state jury in Montgomery, Alabama, found the drugmakers liable for misrepresentation. It awarded $81 million in compensatory damages against Glaxo, the world's second-largest drugmaker, and $33.3 million in compensatory damages against Novartis. It awarded no punitive damages. The trial began June 16.

"They've operated a shell game,' stealing money from Alabama, Jere Beasley, a Montgomery attorney representing the state, told jurors yesterday in closing statements. "Now the same shell game has been tried with this jury.'

The trial of London-based Glaxo and Basel, Switzerland- based Novartis is the second stemming from Alabama's 2005 lawsuit against 70 drugmakers. The state alleged the… ]]> http://www.beasleyallen.com/news/Attorney-Spotlight:--Dee-Miles/ http://www.beasleyallen.com/news/Attorney-Spotlight:--Dee-Miles/ Firm Announcements Mon, 30 Jun 2008 05:06:00 GMT Dee Miles, who joined Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., in 1991, recently was selected by the American Trial Lawyers Association as one of the Top 100 Trial Lawyers in America. The ATLA is a national organization composed of the Top 100 Trial Lawyers from each state, with membership extended by special invitation only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile, both civil plaintiff and criminal defense.

Miles manages Beasley Allen's Consumer Fraud Section, and has been instrumental in pioneering consumer fraud litigation for the firm, especially in the areas of "bad faith litigation" and life insurance litigation, with special attention to so-called "vanishing premium" cases. He oversees all cases being litigated in this section.

On a national level, Miles currently serves as lead counsel in a number of extremely important cases, including the pharmaceutical pricing… ]]>