Texas, 42 other states, reach $19.5 million settlement with Bristol-Myers Squibb

Texas Attorney General Ken Paxton announced Thursday that Texas will receive $1,015,420, its share in a $19.5 million settlement, that 42 other state attorneys general reached with the pharmaceutical company Bristol-Myers Squibb.

The settlement stems from claims that the company violated the Texas Deceptive Trade Practices Act by improperly marketing the anti-psychotic drug, Abilify. Under the terms of the settlement, BMS is barred from making false or misleading claims about Abilify, including its safety or efficacy in comparison to other drugs.

Abilify is the brand name for the prescription drug, aripiprazole, which was originally approved for the treatment of schizophrenia in 2002 by the FDA. Without FDA approval, BMS promoted Abilify to treat children and symptoms consistent with dementia and Alzheimer’s disease in elderly patients.

According to a press release from Paxton’s office, in 2006, Abilify received a “black box” warning that elderly patients with dementia-related psychosis who are treated with anti-psychotic drugs have an increased risk of death.

The petition alleged that BMS made false and misleading representations about Abilify’s risks by not revealing limitations that would substantially affect the interpretation of the scientific studies.

 

Besides Texas, the participating states in the settlement are: Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Washington, West Virginia and Wisconsin.

 

To view a copy of the petition, click here: texasattorneygeneral.gov/files/epress/161208_Ps_Original_Petition.pdf?cachebuster:19