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RICO
Seroquel RICO Litigation
Chimicles & Tikellis LLP filed a class action complaint in the District of New Jersey on behalf of the International Brotherhood of Electrical Workers Local 98 against AstraZeneca Pharmaceuticals, LP; AstraZeneca PLC; and AstraZeneca LP (collectively, "Defendants"). Defendants manufacture, market, and sell an antipsychotic drug called quetiapine, which is sold under the brand name "Seroquel." In 2006, AstraZeneca PLC had worldwide sales of Seroquel of approximately $3.4 billion.
According to the complaint, Defendants engaged in a scheme to market and promote Seroquel for "off-label uses," which are uses that have not been approved by the Food and Drug Administration. The complaint cites a January 2007 report by the Agency for Healthcare Research and Quality that found that Seroquel is being prescribed for off-label uses that include treatment for sleep disorders, Alzheimer's disease, Tourette's Syndrome, personality disorders, post-traumatic stress disorder, attention deficit disorder, anxiety, and certain types of depression and obsessive-compulsive disorders. The complaint alleges that Defendants created, monitored and/or controlled various marketing firms disguised as independent entities, physicians and ghostwriters to promote and disseminate - through sponsored events and publications - false and misleading messages about the safety and efficacy of Seroquel for many of these off-label uses. As a result, Plaintiff and members of the class were denied the opportunity to pay for equally safe and effective - and much less expensive - alternatives to Seroquel that were available on the market, paid more for Seroquel prescriptions than would otherwise have been required, or paid for Seroquel that would have been sold at a lower price had market forces been allowed to operate unfettered by Defendants' conduct, according to the complaint. The complaint alleges that as many as seventy-eight percent (78%) of the prescriptions for Seroquel are for off-label uses, notwithstanding the existence of numerous alternative drugs that are significantly cheaper and no less effective than Seroquel for many of its off-label uses.
The class action complaint filed by Chimicles & Tikellis LLP seeks to represent a nationwide class of third-party payers that, for purposes other than resale, have purchased, reimbursed, and/or paid for part or all of the purchase price for Seroquel between January 1, 2000 and the present. The complaint asserts causes of action pursuant to the federal and New Jersey RICO statutes, the New Jersey Consumer Fraud Act, the New Jersey Unfair and Deceptive Acts and Practices Act, the consumer protection statutes of various states; seeks restitution for the Defendants' alleged unjust enrichment; and asserts claims for common law civil conspiracy, fraud, and negligent misrepresentation. The complaint seeks statutory damages, as well as other monetary and equitable relief. The complaint can be viewed by clicking here.
For further information, you may contact:
Denise Davis Schwartzman (DeniseSchwartzman@chimicles.com),
Joseph G. Sauder (JosephSauder@chimicles.com), or
Benjamin F. Johns (BenJohns@chimicles.com)
Chimicles & Tikellis LLP
One Haverford Center
Haverford, PA 19041
1-866-399-2487
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