Class Action Blog : Consumer Fraud, Consumer Protection, Securities and Antitrust Lawyer & Attorney : Meiselman, Denlea, Packman, Carton & Eberz

Health care costs continue to escalate, and prescription drugs are no exception. While there may be some reasonable market forces at play, American consumers have the right to expect that pharmaceutical companies are not manipulating the market for life-changing drugs just so they can enhance their bottom line. Unfortunately, that is precisely what drug maker Wyeth may have done.

Effexor XR is an antidepressant used to treat generalized anxiety, social and panic disorders. Wyeth’s right to exclusively market Effexor XR should have expired in 2008. However, it appears that Wyeth may have engaged in inappropriate anti-competitive behaviors to delay the emergence of generic alternatives for two years. In order to prevent the generic form of Effexor from cutting into its profits, Wyeth may have fraudulently obtained patents for venlafaxine hydrochloride. Even though Wyeth had good reason to believe that no court would ever enforce these patents against Effexor generics, Wyeth nonetheless represented to the Patent And Trademark Office that its “new” drugs were deserving of protection (the result of which is to extend the exclusive marketing of Effexor). Wyeth may have also engaged in bad faith litigation to prevent generic drug manufacturers from marketing competing drugs. If these allegations are true, then Wyeth’s actions likely caused consumers to pay substantially more for their drugs than they otherwise would have. 

If you or someone you know purchased Effexor XR, contact us to discuss your legal options.

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46 Indiana women are planning to sue the pharmaceutical company Wyeth (“Wyeth”) alleging that it sold its Prempro menopause medication without first warning the public that the medication can cause breast cancer.  The Indiana women who plan to sue the drugmaker said they have a document that shows Wyeth officials were aware of the risks of Prempro and chose not to disclose it.   They also claim Wyeth oversold the benefits of the drug, promoting it as helping bones and the heart as well as menopause symptoms.

In 2003, Wyeth disclosed that Prempro could cause breast cancer, but the admission came too late for many women who had been taking the drug between 1999 and 2003.  Indeed, some women who were prescribed Prempro have allegedly developed breast cancer as a result.  While Prempro is still on the market, it is the focus of lawsuits nationwide resulting in jury verdicts totaling more than $103 million.  In fact, Pfizer -- the pharmaceutical company that now owns Wyeth -- has lost six of nine jury verdicts over its menopause drugs since the cases began going to trial in 2006.  Jurors have ruled against the company in the last four verdicts in a row.

If you or someone you know were prescribed Prempro and have developed breast cancer, please contact us to discuss your legal options.

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