Nelson Mail

Drugmaker coughs up record $3.7b settlement in fraud case

-

Drugmaker GlaxoSmith­Kline has agreed to plead guilty to misdemeano­ur criminal charges and pay US$3 billion (NZ$3.7b) to settle what government officials describe as the largest case of healthcare fraud in US history.

The agreement, which still needs court approval, would resolve allegation­s that the British drugmaker broke US laws in the marketing and developmen­t of pharmaceut­icals.

GSK targeted the antidepres­sant Paxil to patients under the age of 18 when it was approved for adults only, and it pushed the drug Wel- lbutrin for uses it was not approved for, including weight loss and treatment of sexual dysfunctio­n, according to an investigat­ion led by the US Justice Department.

The company went to extreme lengths to promote the drugs, such as distributi­ng a misleading medical journal article and providing doctors with meals and spa treatments that amounted to illegal kickbacks, prosecutor­s said.

In a third instance, GSK failed to give the US Food and Drug Administra­tion safety data about its diabetes drug Avandia, in violation of US law, prosecutor­s said.

The misconduct continued for years beginning in the late 1990s and continued, in the case of Avandia’s safety data, through 2007. GSK agreed to plead guilty to three misdemeano­ur criminal counts, one each related to the three drugs.

Guilty pleas in cases of alleged corporate misconduct are exceedingl­y rare, making GSK’s agreement especially unusual.

The agreement to settle the charges ‘‘is unpreceden­ted in both size and scope,’’ said James Cole, the No 2 official at the US Justice Department. He called the action ‘‘historic’’ and ‘‘a clear warning to any company that chooses to break the law’’.

The settlement includes US$1b in criminal fines and US$2b in civil fines.

GSK said it would pay the fines through existing cash resources. The company announced a US$3b charge in November related to legal claims.

Chief executive Andrew Witty said the misconduct originated ‘‘in a different era for the company’’ and would not be tolerated.

‘‘I want to express our regret and reiterate that we have learnt from the mistakes that were made,’’ he said.

The GSK settlement surpasses what had been the largest criminal case involving a drugmaker in US history. In 2009, Pfizer Inc agreed to pay US$2.3b billion to settle allegation­s it improperly marketed 13 drugs.

The cases follow a trend of US authoritie­s cracking down on how pharmaceut­icals are sold, in part because of the rising cost of providing drugs through government programmes.

Part of civil fines address allegation­s that, from 1994 to 2003, GSK underpaid money owed to Medicaid, the healthcare programme for the poor run jointly by states and the US government.

The company had an obligation to tell the government its ‘‘best prices’’ but failed to do so, prosecutor­s said, and US$300 million of the settlement will go to states and other public health authoritie­s.

A portion of the US$2b in civil fines may go to a group of whistleblo­wers who contribute­d to the government’s investigat­ion and who are eligible to share in the recovery under the False Claims Act.

Cole said the amount had not been determined.

Witty said GSK’s US unit had ‘‘fundamenta­lly changed our procedures for compliance, marketing and selling’’.

‘‘When necessary, we have removed employees who have engaged in misconduct.’’

 ??  ?? Andrew Witty
Andrew Witty

Newspapers in English

Newspapers from New Zealand