update on risperdal mass tort litigation with robert mosier
TRANSCRIPT
RisperdalRobert A. MosierSanders Phillips Grossman, LLC2860 Michelle Drive, Ste 220Irvine, CA [email protected] Cell
Offices in CA, NY, WA, PR
Risperdal Basics
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What is Risperdal?
• It is a very powerful antipsychotic developed by Janssen Pharmaceuticals to treat schizophrenia in adults
• It works by blocking dopamine receptors in the brain (dopamine antagonist)
• However, it also has a serious side effect – by blocking dopamine, it causes prolactin to spike out of control (rises more than 10 times normal limits in first 1-3 hours) and prolactin remains elevated while on the drug
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What is Prolactin?
• Prolactin is the hormone responsible for breast growth and lactation in pregnant women.
• Breast growth and lactation are wonderful for pregnant women and their newborns.
• However it is psychologically and physically damaging to young boys and men . . . .
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So why are we here?• Because Janssen illegally marketed and
sold its powerful antipsychotic drug, Risperdal, to one of the most vulnerable segments of our society – our children – and hid this disfiguring side effect causing a generation of young boys and men to grow female breasts. (gynecomastia).
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• PHOTOS
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So why was Janssen illegally pushing this powerful antipsychotic on our children?
Because Janssen wanted more, a lot more…
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More market share,
More sales,
More profits.
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Janssen’s illegal marketing scheme worked
By 2008, Risperdal was a Billion Dollar Blockbuster drug.
• Janssen sold $3.4 Billion of Risperdal in 2008.
• Risperdal was Janssen’s #1 selling drug.
• It was drug giant Johnson & Johnson’s #2 selling drug worldwide.
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But then they got caught….
• Because of J&J’s illegal marketing of Risperdal, Janssen pled guilty to criminal charges of off-label marketing – coupled with a contemporaneous False Claims Act action brought by the United States, and paid $2.2 Billion in criminal and civil fines – the third largest in US History.
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Risperdal Label History
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Risperdal Label and Approvals
• 1993 (Adult – psychotic disorder/schizophrenia)• 2006 (Child & Adolescent – Autism (Irritability))• 2007 (Child & Adolescent – Schizophrenia &
Mania Associated with BiPolar Disorder)• 2008 (Generic – Patriot)
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1993 – 2006 Adult Label
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1993 – 2006 Adult Only
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1993 – 2006 Adult Only
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1993 – 2006 Adult Only
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1993 – 2006 Adult Only
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2006/2007 LabelC&A Indication
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2006 Risperdal Prescribing Information (PI) @ 11“INDICATIONS AND USAGE”
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2006 Risperdal Prescribing Information (PI) @ 32“USE IN SPECIFIC POPULATIONS”
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2006 Risperdal Prescribing Information (PI) @ 37
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2006 Risperdal Prescribing Information (PI) @ 6
2007 Label
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2007 Risperdal Prescribing Information (PI) @ 30“USE IN SPECIFIC POPULATIONS”
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2007 Risperdal Prescribing Information (PI) @ 30“USE IN SPECIFIC POPULATIONS”
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Approved Pediatric Indications- Summary
RISPERDAL
1993- October 2006 – NO PEDIATRIC INDICATION
October 2006 – Irritability associated with autistic disorder
December 2007 – Adolescent Schizophrenia and Mania
Associated with Bi-Polar disorder.
NEVER approved for ADD, ADHD, OCD, Tourette, Depression,
Conduct Disorder, etc.
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Attempts to obtain C&A Indications and Off-Label Marketing prior to 2006
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1993 – Risperdal Approved for Adults
By 1996, Janssen figured out it was missing a huge untapped and profitable market..
The child and adolescent market worth hundreds of millions of dollars
So they tried to get FDA approval…
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1996 – FDA - Denied
• “you have not identified any pediatric indications for which you believe Risperdal could be approved and you have provided no data from adequate and well-controlled trials to support such approvals… To permit the inclusion of the proposed vague references to the safety and effectiveness of Risperdal in pediatric patients and the nonspecific cautionary advice about how to prescribe Risperdal for the unspecified target indication would only serve to promote the use of this drug in pediatric patients without any justification.”
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Janssen did not care . . . They wanted more.
They knew the child and adolescent market was an untapped gold mine.
So they hatched a plan.
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First, they tried to get approval from the FDA . . . again.
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March 2000 – Denied - Again
“main concern is that RISPERDAL or any other product would be used as a chemical straight jacket.”
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But they wanted more
So they decided self help was in order and turned to the Johnson & Johnson marketing machine – their sales force.
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2001 Business Plan Focused on Pediatrics
• Concluded that the fastest growing market for Risperdal was pediatrics (19 and under)
• Use of Risperdal was “exploding” at a growth rate of 17%, for a total market share of $340M per year
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2001 Business Plan - Call to Action• Key Business goal was to grow and protect share in the
child/adolescent market.• Instructed sales reps to call on child psychiatrists and
children’s mental health facilities• Instructed sales reps to market Risperdal as effective for
ADHD, OCD and autism• Sponsored advisory boards with child psychiatrists• Sponsored Speaker Programs for “Risperdal in Children and
Adolescents with Severe and Disruptive Behaviors and Below Average IQ”
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2002 Business and Tactical Plans for Pediatric Market
• “Reach New Heights with Risperdal in 2002”
• 4 key business strategies:– Understand level of awareness of Risperdal in children– Educate health care providers on therapeutic options for
treatment childhood mental illness– Develop a child and adolescent PR and media
management plan
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2002 - C & A Business Plan• RISPERDAL is the most prescribed of the atypical
antipsychotics; however, as is the case with the other atypicals, RISPERDAL is not currently indicated for use in children and adolescents. The business plan will focus on continued market understanding, medical education efforts, the drug commercialization efforts necessary to capitalize on the market opportunities for the brand in the child and adolescent segment.
• J&J has a unique opportunity in the child and adolescent psychopharmacology marketplace due to its product offerings across multiple operating companies.
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A Building Block for Success• Promotional materials included
advertisements showing children playing with blocks and claiming:
• “potentially prolactin-related adverse events in patients treated with Risperdal were comparable to those with placebo.”
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2002 J&J Center for Pediatric Psychopathology at Mass General
Thousands of dollars donated to the Hospital run by Dr. Joseph Beiderman.
“Mission of the Center is to create common ground for a strategic collaboration between J&J and the Pediatric Psychopharmacology Research Program… and move forward the commercial goals of J&J.”
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Biederman later disciplined by Harvard
• “Biederman also courted funding from Johnson & Johnson by promising that his work at Mass. General would promote the use of its anti-psychotic Risperdal in children. Johnson & Johnson gave the hospital $700,000 for a Biederman-led research center that performed studies promoting Risperdal.”
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More Promotions – 2003 M-Tabs
• District Managers encouraged contests and other incentives to promote quick dissolving Risperdal for kids “there is a very large market for M-Tabs for children”
• San Antonio – Back to School “bashing” parties - encouraged ice cream parties, snacks and lunches to promote M-Tabs
• Lollipops and Small toys to be included in the kit with a coupon and a one box sample. Great for child and adolescent psychiatrists
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2003, 2004, 2005, 2006……
2003 – they submit another application for a child and adolescent indication.2004 – pending2005 – “not approvable”2006 – irritability associated with autism2007 – mania associated with bipolar and schizophrenia
NO OTHER C&A INDICATIONS WERE EVER GRANTED
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DOJ Action - $2.2Billion
• Risperdal Qui Tam– In a separate action brought by the U.S. DOJ, J&J
agreed in November 2013 to pay more than $2.2 billion to federal and state governments and in penalties to resolve criminal and civil allegations that the company promoted powerful psychiatric drugs, including Risperdal, for unapproved uses in children, seniors and disabled patients. Company pays $1.273 billion in civil penalties. http://www.justice.gov/opa/pr/2013/November/13-ag-1170.html
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Philadelphia Litigation
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Philadelphia Litigation
• The Honorable Arnold L. New• Plaintiffs’ Liaison Counsel
– Christopher Gomez, Sheller, P.C., Philadelphia, PA– Thomas R. Kline, Kline & Specter, Philadelphia, PA
• Defendants’ Liaison Counsel– Kenneth R. Murphy, Drinker Biddle & Reath, LLP, Philadelphia,
PA• 1,300+ Cases Pending
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Risperdal Timeline in Philadelphia
• First Complaint Filed in January 2010• Mass Tort Created in March 2010• Master Complaint Filed in June 2010• First Amend Master Complaint Filed in September
2010• Second Amended Master Complaint Filed in April
2012• Three Bellwether Trials begin in September/October
2012• Settlement of filed cases only
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Case Management in Philadelphia
• CMO1 –Deadlines, Service, etc.• CMO3 –PFS, DFS, Authorizations, SFC• CMO4 - Protective Order• CMO5 – Appt. of a Discovery Master• CMO7 – Filing of Qualified Trust Motions• Proposed CMO10- Stay of Cases Affected By
SOL Winter Decision• http://courts.phila.gov/common-pleas/trial/
civil/clc.asp
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Court Grants MSJ – No Punitive Damage Recovery
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Court Grants MSJ on SOL Motion • No Discovery Rule tolling of SOL after June 30,
2009.
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California Litigation
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California Litigation
• The Honorable William Highberger• Plaintiffs’ Lead Counsel
– Robert A. Mosier, Sanders Phillips Grossman, Irvine, CA– Daniel S. Robinson, RCRSD, Newport Beach, CA
• Defendants’ Lead Counsel– Steven Selna, Drinker Biddle & Reath, LLP, San
Francisco, CA• 3,000+ Plaintiffs (batch complaints)
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Risperdal Timeline in California
• First Complaint Filed in January 2014• Mass Tort (JCCP) Created in May 2014• First Hearing July 2014• Bellwether Trials set June 2016• Discovery proceeding
– Depositions– Third Party (Canadian Production)– RFP’s, ROG’s– Clinical Trial electronic data– Clinical Trial Master Files– CRF’s– Case Specific
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Case Management in California
• CMO1 –Lead/Liaison Counsel• CMO2 – Plaintiff Steering Committee• CMO3 - Protective Order• CMO5 – PFS/DFS• CMO6, 7 – Discovery
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St. Louis Litigation
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St. Louis Litigation
• First Batch Complaint Remanded May 4, 2015 (64 Plaintiffs) – Driscoll Firm, St. Louis
• Defense Counsel– Richard P. Cassetta, Stephen Strauss and Stefan Mallen of
Bryan Cave in St. Louis.• Beginning phases of discovery• No Trial dates yet
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Trials - Philadelphia
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Recent Philadelphia Trials• Pledger Trial began January 2015 (Plaintiff
verdict)• Cirba Trial began February 2015 (Defense
verdict)• Both Pre-2006 label cases• Failure to warn only • Tom Kline & Chris Gomez for Plaintiff in both
cases• Diane Sullivan & Ken Murphy for Defense
(Pledger)• John Winter & William Essig for Defense (Cirba)• Next two trials to be scheduled for October
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Defenses
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Puberty Other CausesTiming
Defenses
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Defenses: Puberty
• Physiological• Idiopathic• Illicit drug usage such as
marijuana• Drug exposures• Leydig cell tumor• Sertoli cell tumor• Adrenal tumors• HCG secreting tumors• Aromatase excess syndrome
(increases the conversion of testosterone to estrogen)
• Hyperthyroidism
• Hypergonadotropic Hypogonadism (such as Klinefelter Syndrome)
• Hypogonadotropic hypogonadism
• Hyperprolactinemia (only if it induced hypogonadotropic hypogonadism)
• Exposure to estrogens (such as lavender, and tea tree oils)
• Medication exposure• Klinefelter syndrome
Defenses: Other Causes
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Defenses: Timing
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PLEDGER - Evidence Plaintiff had breast growth while on Risperdal- Photos- Mother was a strong witness- Kessler live
CIRBA - little evidence Plaintiff had breast growth while on Risperdal- No Photos- Mother and son were not strong witnesses- 5 treating physicians – no adverse effects while on drug
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Verdicts
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Pledger:$2.5 MillionFailure to Warn onlyNo Punitives allowedDisfigurement
Cirba:Jury found Janssen NegligentJury found no Causation
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Upcoming Trials
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PHILADELPHIATrial settings October 2015 and Spring 2016
CALIFORNIATrial settings June 2016
Case Criteria
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An A Case• Timeframe of use: minor used between 9/2001 and
10/2006 – When Janssen should have warned about association
between Risperdal and gynecomastia and did not• Diagnosis:– Mentioned in medical records– Must have gynecomastia while ON Risperdal
• Off-label use that remains off-label to date:– Anything other than schizophrenia, mania associated
with Bipolar I, and irritability associated with autism
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Risperdal Screening Criteria• Children (2001 to present)
– Males only– Took Risperdal (off-label use preferred)– Breast growth while on drug – Took Risperdal for at least 30 days (90+ days preferable)– Name brand Risperdal– The generic brand Patriot - the Patriot generic is an “authorized
generic” pharmaceutical• Risperdal became generic in June 30, 2008; however, you will see
brand name prescriptions after this date• NDC codes - http://www.accessdata.fda.gov/scripts/cder/ndc/
– Photos of permanent breast growth
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Adult Cases• Considerations: – Research findings of older men with increased risk
of gynecomastia in risperidone and paliperidone (Invega) users compared to nonusers (69% increased risk)• Mahyar Etminan, PharmD, et al., Antipsychotic May
Boost Gynecomastia Risk. Medscape. Mar 17, 2014 – Pre-2008 label = Rare – Less than .1%– Post-2008 label = Less than 1%
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Questions?Robert A. Mosier
Sanders Phillips Grossman, LLC2860 Michelle Drive, Ste 220
Irvine, CA [email protected]
949-233-7002 Cell
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