The Lanier Law Firm Supporting State in Litigation Alleging Deceptive Marketing of Blood Thinner Plavix

Lawsuit claims Bristol-Myers Squibb and Sanofi’s tactics wasted taxpayer funds

HOUSTON--(BUSINESS WIRE)--The Lanier Law Firm is serving as outside legal counsel for the State of Texas and Attorney General Ken Paxton in a lawsuit against pharmaceutical giants Bristol-Myers Squibb Company and several Sanofi entities for failing to disclose the efficacy and safety profile of the drug Plavix, which is used as a blood thinner.

The lawsuit was filed today in the 71st District Court of Harrison County, Texas. The firm of McKool Smith is serving as co-counsel for the state.

The lawsuit alleges that the defendants violated the Texas Deceptive Trade Practices-Consumer Protection Act by failing to disclose that, due to genetic factors affecting drug metabolism, Plavix had a diminished or no effect on many patients, particularly those from Black, East Asian, and Pacific Islander backgrounds.

“For over a decade, these pharmaceutical companies put profits over people,” said the firm’s Mark Lanier. “They knew Plavix didn’t work for many patients -- especially minority patients who already face disproportionate risks of heart disease and stroke. But the defendants hid that information to protect their bottom line. Texans trusted these companies with their lives, and that trust was betrayed.”

The suit also alleges that the defendants’ actions violated the Texas Healthcare Program Fraud Prevention Act, resulting in minority patients being prescribed medication that was inappropriate for their conditions. As a result, millions of Texans received improper and ineffective medications, and billions of dollars from taxpayer-funded healthcare programs have been wasted.

“This case is about more than financial fraud, though billions of taxpayer dollars were wasted and fraudulently paid,” said Alex Brown, attorney at The Lanier Law Firm. “This is about pharmaceutical companies deliberately putting vulnerable Texans at risk. When you’re a heart attack survivor, you trust that your medication will protect you. For hundreds of thousands of Texans, Plavix was little more than a placebo.”

The defendants have previously settled lawsuits based on similar allegations brought by the states of Hawaii, Louisiana, Mississippi, West Virginia, and California. Related claims are pending in New Mexico.

Attorneys say the Texas litigation is potentially groundbreaking in several ways, including bringing claims under consumer protection laws as well as Medicaid fraud, seeking recovery of taxpayer funds spent on inappropriate Plavix prescriptions, with an emphasis on deceptive marketing to minority populations.

“Texas taxpayers funded a medication that didn't work, and the defendants knew it didn’t work,” said Zeke DeRose III of The Lanier Law Firm. “Every dollar spent on ineffective Plavix prescriptions was a dollar that should have gone to treatments that actually help people. The defendants must be held accountable for this massive waste of public resources and their deceptive conduct that put real lives at risk.”

About The Lanier Law Firm

For more than 30 years, the men and women at The Lanier Law Firm have worked tirelessly, throughout the United States, to find unique and effective solutions for their clients. More than 50 skilled attorneys practice law in a broad array of areas, including business litigation, pharmaceutical litigation, asbestos exposure, oil and gas litigation, personal injury as well as defective and dangerous products, among others. Named an Elite Trial Law Firm by The National Law Journal, The Lanier Law Firm has offices in Houston, New York and Los Angeles. To learn more, visit http://www.lanierlawfirm.com.