Really Sad North Carolina Mass Tort News

June 2, 2013, by Michael A. DeMayo

Documenting North Carolina class action and mass tort lawsuits can be a sad and dispiriting exercise.

The lengths to which some companies will go to obfuscate the truth and to strive for profits at the expense of the wellbeing of human beings can shake one’s faith in humanity.

Consider, for instance, the recent resolution of a seriously twisted case out of New Jersey. A generic drug manufacturer, Par Pharmaceutical, pled guilty to charges to end civil and criminal investigations into its behavior. The drug maker will pay $45 million as punishment for marketing an AIDS drug, Megace ES, illegally for “off label uses.”

The Federal Drug Administration (FDA) had allowed the drug maker to sell Megace ES to treat anorexia and unexplained weight loss in AIDS patients. But the company tried to expand its consumer base by selling the drug to elderly people who didn’t have AIDS.

According to a U.S. attorney who worked on the case, Paul Fishman, “Par admitted to choose to ignore [the FDA approval process for new uses of medications] in pursuit of more sales and greater profits … the conduct was wrong and went on for a long period of time.”

The company sent sales forces to call on nursing homes and hospice facilities to sell the drug. They also sought out confidential patient data to find people who could be switched to the expensive drug. According to plaintiff’s lawyers, Par refused to acknowledge the potential safety effects on patients because “there is little profit to be made by marketing the drug lawfully, due to advancements in HIV and AIDS treatments which drastically reduced the on label patient population.

It’s really a shame that we need lawyers and whistleblowers to watchdog large pharmaceutical companies and medical equipment manufacturers.

In an ideal world, these companies would do due diligence and take it upon themselves to vet their products and ensure patient health and wellbeing over their own profitability. After all, if you’re going in business to help people manage their medical conditions, your fundamental obligation is to your customers.

Unfortunately, the real world is full of disappointing situations.

If you or someone you love was harmed as a result of some company’s negligence, carelessness, omission, or other malfeasance, the law offices of Michael A. DeMayo would be happy to advise you. Please call us at (877) 529-1222 to get a confidential, free evaluation of your case. Let us help you ensure justice and gain some peace of mind.

 
 

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