Fitzsimmons Law Firm Lawyers Named Special Assistant Attorneys General

WHEELING, W.Va. - May 3, 2013 - PRLog -- Attorneys from the Fitzsimmons Law Firm in Wheeling, West Virginia have been appointed as Special Assistant Attorneys General  to prosecute claims on behalf of the State of West Virginia against Bristol Myers Squibb Co. and Sanofi, two companies that are accused of improperly marketing their prescription drug Plavix®. The companies are being accused of deceptively marketing the drug for the purpose of financial gain. The West Virginia personal injury attorneys at Fitzsimmons Law Firm work aggressively to hold negligent individuals and corporations legally liable for damages caused by their actions.

Plavix® (clopidogrel bisulfate) is a drug that serves as a blood thinner to treat individuals who have certain types of medical problems. Bristol Myers is the drug’s manufacturer, and Sanofi is its co-marketer in the United States. After receiving FDA approvals for multiple types of uses, Plavix® became Bristol Myers’ highest-selling product. In recent years, it has also taken the spot as the world’s second-highest grossing prescription medicine. The drug generated worldwide revenue that valued $9.5 billion in 2011, with $7 Billion in U.S. sales.

On Nov. 17, 1997, Plavix® received its first U.S. Food and Drug Administration (FDA) approval for the reduction of atherosclerotic events, including stroke, myocardial infarction and vascular death. (Atherosclerosis is a disease that results in plaque building up in one’s arteries, leading to limitations in the flow of oxygen-rich blood to various parts of the body.) The drug's target group was patients who had atherosclerosis that was documented by recent stroke or myocardial infarction (a heart attack), or by established peripheral arterial disease (PAD). The drug’s approved uses were later broadened, as it obtained FDA approval on Feb. 27, 2002 to be used to treat patients who had Acute Coronary Syndrome that involves unstable angina or non-ST elevation myocardial infarction (NSTEML). Another FDA approval was received on Aug. 17, 2006. That approval allowed the drug to be used to treat patients with Acute Coronary Syndrome that involves ST-elevation myocardial infarction (STEMI). Acute Coronary Syndrome refers to symptoms (such as chest pain) that are felt when blood flow to the heart is blocked.

According to the Complaint, the State alleges that Bristol Myers and Sanofi engaged in unfair and deceptive marketing practices relating to Plavix®. The lawyers at the Fitzsimmons Law Firm have filed a parens patriae claim on behalf of the State of West Virginia in the Circuit Court of Marshall County, West Virginia.  The case was subsequently removed and transferred to the Plavix MDL in New Jersey.  The State has filed a Motion to Remand which is currently pending. The Complaint asserts that Bristol Myers and Sanofi marketed Plavix® as being a superior drug to aspirin for certain types of indicated uses and set the price for Plavix® to be 100 times higher than the price for aspirin despite Plavix having no such superiority. Aspirin costs about $0.04 per pill, whereas Plavix® was priced at about $4.00 per pill.

The state of West Virginia asserted several causes of action in its Complaint including counts for violating the West Virginia Consumer Credit and Protection Act (W. Va. Code §§ 46A-7-101); submitting misrepresentations to the Public Employees Insurance Agency (PEIA) (a violation of W.Va. Code § 5-16-12); violating the Insurance Fraud Prevention Act (W.Va. Code § 33-41-11); unjust enrichment; and common law fraud. West Virginia is seeking various results, which include civil penalties, restitution, injunctive relief and disgorgement of profits.

Fitzsimmons Law Firm PLLC has more than 30 years of experience representing  victims of personal injury.  The Fitzsimmons Firm firm handles various types of personal injury cases, including medical malpractice, work injuries, insurance bad faith, trucking accidents, and explosions.   The lawyers at the Fitzsimmons Law Firm have been recognized as being among the top attorneys in their fields both statewide and nationwide. Their attorneys have received numerous awards and recognitions, including being honored as having one of the Top 100 verdicts in the U.S.

The firm principally represents clients throughout West Virginia, Ohio, and Pennsylvania, including Wheeling, Weirton, Brooke County, Moundsville, St. Clairsville, New Martinsville and Wetzel County. Learn more about the West Virginia personal injury law firm by visiting http://www.fitzsimmonsfirm.com.