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http://www.statesman.com/search/content/news/stories/local/12/16/16drugs.html

State's mental facilities duped into using drug, Abbott alleges

Lawsuit claims state official pushed drug, was rewarded with money.

By Embry, W. Gardner Selby

AMERICAN-STATESMAN STAFF

Saturday, December 16, 2006

A major corporation and several subsidiaries misrepresented the safety and

effectiveness of an anti-psychotic drug and unduly influenced at least one state

official to make it a standard treatment in public mental health programs,

according to a lawsuit the state has joined.

Attorney General Greg Abbott joined a lawsuit filed in County district

court by , a former investigator for the state of Pennsylvania,

against & Inc. and five related companies. says in the

lawsuit that he learned of payments to at least one Texas mental health official

in interviews he conducted as an investigator. No official is named in the

lawsuit.

The lawsuit, which came to light Friday, seeks to recover for the state

untallied alleged overcharges to the state's Medicaid program, which pays for

health care for low-income people.

' lawsuit alleges that the companies launched a drug named Risperdal in

1994 to treat schizophrenia. About the same time, the state was developing a

protocol, or treatment guidelines, for which drugs should be used in public

mental health programs. The defendants " provided substantial financial

contributions to and improperly influenced the development " of the protocols,

the lawsuit said, and Risperdal took precedence in the protocols over cheaper,

equally effective medicines.

The drug later received recommendations as the medicine of choice in the state's

mental health protocol for treating children and adolescents, even though it

lacked a Food and Drug Administration indication for those age groups, the

lawsuit says. It says side effects and health risks include increased chance of

stroke, renal failure and hyperglycemia.

The companies pushed Risperdal in other states through paid consultants on

expert panels, peer-to-peer marketing strategies and " administrative decisions

made by a select few public officials, " the lawsuit says. The companies sent an

unnamed Texas official around the country as a spokesman for the drug, and they

hired third-party contractors to conceal their control and funding of medical

education programs, speakers' bureaus and clinical research that promoted the

benefits and safety of Risperdal, the lawsuit says.

The lawsuit says at least 17 states, including Texas, have implemented the

protocol or are doing so.

" We allege it's a scheme whereby they passed off as medical science phony

representations and misleading facts about the efficacy and appropriateness of

these drugs, " said Melsheimer, a lawyer for .

Abbott's office declined to comment on the lawsuit, as did spokesmen for

& and the state's Health and Human Services Commission, which oversees

the Medicaid program. A commission spokesman did say Texas paid 308,000 claims

totaling $73.5 million for Risperdal in 2005.

Melsheimer described as a " classic whistle-blower " who filed the lawsuit

in 2004 on behalf of Texas to recover the companies' overcharges. Because of his

whistle-blower status, the lawsuit was sealed from public view until Abbott

joined it.

jembry@...; 445-3654

wgselby@...; 445-3644

FAIR USE NOTICE: This may contain copyrighted material. Such material is made

available for educational purposes, to advance understanding of human rights,

democracy, scientific, moral, ethical, and social justice issues, etc. This

constitutes a 'fair use' of any such copyrighted material as provided for in

Title 17 U.S.C. section 107 of the US Copyright Law. This material is

distributed without profit.

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http://www.statesman.com/search/content/news/stories/local/12/16/16drugs.html

State's mental facilities duped into using drug, Abbott alleges

Lawsuit claims state official pushed drug, was rewarded with money.

By Embry, W. Gardner Selby

AMERICAN-STATESMAN STAFF

Saturday, December 16, 2006

A major corporation and several subsidiaries misrepresented the safety and

effectiveness of an anti-psychotic drug and unduly influenced at least one state

official to make it a standard treatment in public mental health programs,

according to a lawsuit the state has joined.

Attorney General Greg Abbott joined a lawsuit filed in County district

court by , a former investigator for the state of Pennsylvania,

against & Inc. and five related companies. says in the

lawsuit that he learned of payments to at least one Texas mental health official

in interviews he conducted as an investigator. No official is named in the

lawsuit.

The lawsuit, which came to light Friday, seeks to recover for the state

untallied alleged overcharges to the state's Medicaid program, which pays for

health care for low-income people.

' lawsuit alleges that the companies launched a drug named Risperdal in

1994 to treat schizophrenia. About the same time, the state was developing a

protocol, or treatment guidelines, for which drugs should be used in public

mental health programs. The defendants " provided substantial financial

contributions to and improperly influenced the development " of the protocols,

the lawsuit said, and Risperdal took precedence in the protocols over cheaper,

equally effective medicines.

The drug later received recommendations as the medicine of choice in the state's

mental health protocol for treating children and adolescents, even though it

lacked a Food and Drug Administration indication for those age groups, the

lawsuit says. It says side effects and health risks include increased chance of

stroke, renal failure and hyperglycemia.

The companies pushed Risperdal in other states through paid consultants on

expert panels, peer-to-peer marketing strategies and " administrative decisions

made by a select few public officials, " the lawsuit says. The companies sent an

unnamed Texas official around the country as a spokesman for the drug, and they

hired third-party contractors to conceal their control and funding of medical

education programs, speakers' bureaus and clinical research that promoted the

benefits and safety of Risperdal, the lawsuit says.

The lawsuit says at least 17 states, including Texas, have implemented the

protocol or are doing so.

" We allege it's a scheme whereby they passed off as medical science phony

representations and misleading facts about the efficacy and appropriateness of

these drugs, " said Melsheimer, a lawyer for .

Abbott's office declined to comment on the lawsuit, as did spokesmen for

& and the state's Health and Human Services Commission, which oversees

the Medicaid program. A commission spokesman did say Texas paid 308,000 claims

totaling $73.5 million for Risperdal in 2005.

Melsheimer described as a " classic whistle-blower " who filed the lawsuit

in 2004 on behalf of Texas to recover the companies' overcharges. Because of his

whistle-blower status, the lawsuit was sealed from public view until Abbott

joined it.

jembry@...; 445-3654

wgselby@...; 445-3644

FAIR USE NOTICE: This may contain copyrighted material. Such material is made

available for educational purposes, to advance understanding of human rights,

democracy, scientific, moral, ethical, and social justice issues, etc. This

constitutes a 'fair use' of any such copyrighted material as provided for in

Title 17 U.S.C. section 107 of the US Copyright Law. This material is

distributed without profit.

Link to comment
Share on other sites

http://www.statesman.com/search/content/news/stories/local/12/16/16drugs.html

State's mental facilities duped into using drug, Abbott alleges

Lawsuit claims state official pushed drug, was rewarded with money.

By Embry, W. Gardner Selby

AMERICAN-STATESMAN STAFF

Saturday, December 16, 2006

A major corporation and several subsidiaries misrepresented the safety and

effectiveness of an anti-psychotic drug and unduly influenced at least one state

official to make it a standard treatment in public mental health programs,

according to a lawsuit the state has joined.

Attorney General Greg Abbott joined a lawsuit filed in County district

court by , a former investigator for the state of Pennsylvania,

against & Inc. and five related companies. says in the

lawsuit that he learned of payments to at least one Texas mental health official

in interviews he conducted as an investigator. No official is named in the

lawsuit.

The lawsuit, which came to light Friday, seeks to recover for the state

untallied alleged overcharges to the state's Medicaid program, which pays for

health care for low-income people.

' lawsuit alleges that the companies launched a drug named Risperdal in

1994 to treat schizophrenia. About the same time, the state was developing a

protocol, or treatment guidelines, for which drugs should be used in public

mental health programs. The defendants " provided substantial financial

contributions to and improperly influenced the development " of the protocols,

the lawsuit said, and Risperdal took precedence in the protocols over cheaper,

equally effective medicines.

The drug later received recommendations as the medicine of choice in the state's

mental health protocol for treating children and adolescents, even though it

lacked a Food and Drug Administration indication for those age groups, the

lawsuit says. It says side effects and health risks include increased chance of

stroke, renal failure and hyperglycemia.

The companies pushed Risperdal in other states through paid consultants on

expert panels, peer-to-peer marketing strategies and " administrative decisions

made by a select few public officials, " the lawsuit says. The companies sent an

unnamed Texas official around the country as a spokesman for the drug, and they

hired third-party contractors to conceal their control and funding of medical

education programs, speakers' bureaus and clinical research that promoted the

benefits and safety of Risperdal, the lawsuit says.

The lawsuit says at least 17 states, including Texas, have implemented the

protocol or are doing so.

" We allege it's a scheme whereby they passed off as medical science phony

representations and misleading facts about the efficacy and appropriateness of

these drugs, " said Melsheimer, a lawyer for .

Abbott's office declined to comment on the lawsuit, as did spokesmen for

& and the state's Health and Human Services Commission, which oversees

the Medicaid program. A commission spokesman did say Texas paid 308,000 claims

totaling $73.5 million for Risperdal in 2005.

Melsheimer described as a " classic whistle-blower " who filed the lawsuit

in 2004 on behalf of Texas to recover the companies' overcharges. Because of his

whistle-blower status, the lawsuit was sealed from public view until Abbott

joined it.

jembry@...; 445-3654

wgselby@...; 445-3644

FAIR USE NOTICE: This may contain copyrighted material. Such material is made

available for educational purposes, to advance understanding of human rights,

democracy, scientific, moral, ethical, and social justice issues, etc. This

constitutes a 'fair use' of any such copyrighted material as provided for in

Title 17 U.S.C. section 107 of the US Copyright Law. This material is

distributed without profit.

Link to comment
Share on other sites

http://www.statesman.com/search/content/news/stories/local/12/16/16drugs.html

State's mental facilities duped into using drug, Abbott alleges

Lawsuit claims state official pushed drug, was rewarded with money.

By Embry, W. Gardner Selby

AMERICAN-STATESMAN STAFF

Saturday, December 16, 2006

A major corporation and several subsidiaries misrepresented the safety and

effectiveness of an anti-psychotic drug and unduly influenced at least one state

official to make it a standard treatment in public mental health programs,

according to a lawsuit the state has joined.

Attorney General Greg Abbott joined a lawsuit filed in County district

court by , a former investigator for the state of Pennsylvania,

against & Inc. and five related companies. says in the

lawsuit that he learned of payments to at least one Texas mental health official

in interviews he conducted as an investigator. No official is named in the

lawsuit.

The lawsuit, which came to light Friday, seeks to recover for the state

untallied alleged overcharges to the state's Medicaid program, which pays for

health care for low-income people.

' lawsuit alleges that the companies launched a drug named Risperdal in

1994 to treat schizophrenia. About the same time, the state was developing a

protocol, or treatment guidelines, for which drugs should be used in public

mental health programs. The defendants " provided substantial financial

contributions to and improperly influenced the development " of the protocols,

the lawsuit said, and Risperdal took precedence in the protocols over cheaper,

equally effective medicines.

The drug later received recommendations as the medicine of choice in the state's

mental health protocol for treating children and adolescents, even though it

lacked a Food and Drug Administration indication for those age groups, the

lawsuit says. It says side effects and health risks include increased chance of

stroke, renal failure and hyperglycemia.

The companies pushed Risperdal in other states through paid consultants on

expert panels, peer-to-peer marketing strategies and " administrative decisions

made by a select few public officials, " the lawsuit says. The companies sent an

unnamed Texas official around the country as a spokesman for the drug, and they

hired third-party contractors to conceal their control and funding of medical

education programs, speakers' bureaus and clinical research that promoted the

benefits and safety of Risperdal, the lawsuit says.

The lawsuit says at least 17 states, including Texas, have implemented the

protocol or are doing so.

" We allege it's a scheme whereby they passed off as medical science phony

representations and misleading facts about the efficacy and appropriateness of

these drugs, " said Melsheimer, a lawyer for .

Abbott's office declined to comment on the lawsuit, as did spokesmen for

& and the state's Health and Human Services Commission, which oversees

the Medicaid program. A commission spokesman did say Texas paid 308,000 claims

totaling $73.5 million for Risperdal in 2005.

Melsheimer described as a " classic whistle-blower " who filed the lawsuit

in 2004 on behalf of Texas to recover the companies' overcharges. Because of his

whistle-blower status, the lawsuit was sealed from public view until Abbott

joined it.

jembry@...; 445-3654

wgselby@...; 445-3644

FAIR USE NOTICE: This may contain copyrighted material. Such material is made

available for educational purposes, to advance understanding of human rights,

democracy, scientific, moral, ethical, and social justice issues, etc. This

constitutes a 'fair use' of any such copyrighted material as provided for in

Title 17 U.S.C. section 107 of the US Copyright Law. This material is

distributed without profit.

Link to comment
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