Pharmaceutical Industry – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Finding a Jury for Martin Shkreli, the “Most Hated Man in America” https://legacy.lawstreetmedia.com/blogs/crime/martin-shkreli-trial/ https://legacy.lawstreetmedia.com/blogs/crime/martin-shkreli-trial/#respond Wed, 28 Jun 2017 13:00:09 +0000 https://lawstreetmedia.com/?p=61693

Shocker: lawyers for the "most hated man in America" can't find jurors who don't already hate him.

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Image Courtesy of House Committee on Oversight and Government Reform; License: Public Domain

Martin Shkreli, a.k.a. “pharma bro,” definitely lived up to his reputation as the “most hated man in America” on the first day of his fraud trial. More than 120 prospective jurors were dismissed Monday, with some calling him “evil” and a “snake.”

Unsurprisingly, many of the jurors were quickly disqualified for criticizing Shkreli’s price gouging of AIDS drugs, even though the trial actually has nothing to do with him increasing the price of Daraprim overnight by more than 5,000 percent.

“I think he’s a very evil man,” said one young woman as she was questioned by Judge Kiyo A. Matsumoto.

One woman even mimicked strangling Shkreli as she referenced him raising the price of “the AIDS drug,” according to the New York Times.

“Who does that?” she said. “A person that puts profit over everything else?”

“I looked right at him, and in my head, I said, ‘That’s a snake’–not knowing who he was,” said another woman upon seeing Shkreli in the courtroom. To which Shkreli’s lawyer, Benjamin Brafman replied, “So much for the presumption of innocence.”

A male prospective juror said, “I have total disdain for the man.”

Another man told the judge, “This is the price gouger of drugs.” He added: “My kids are on some of these drugs. This impacts my kids.”

A third man said, “He kind of looks like a d*ck.”

The 34-year-old baby-faced former pharmaceutical exec is on trial in the Federal District Court in Brooklyn for allegedly running an elaborate Ponzi-like scheme at his former hedge fund and a drug company he once headed up.

Prosecutors have accused Shkreli of lying to investors at the hedge fund MSMB Capital Management and siphoning off more than $11 million in assets from his biopharmaceutical company Retrophin to repay them between 2009 and 2014.

In total, Shkreli faces eight counts of securities and wire fraud and a maximum sentence of 20 years in prison. He has pleaded not guilty.

Since first drawing widespread criticism in 2015, Shkreli has appeared to relish in making the world hate him. He spent $2 million on a rare Wu-Tang Clan album, and then subsequently threatened to destroy it. He harassed journalist Lauren Duca until he was banned from Twitter. He even auctioned off the chance to punch him in the face for charity–although one lucky protester managed to pelt him in the face with dog poop for free.

On Wednesday, the judge denied requests to start the selection process over and ban reporters from listening in on sidebars after the defense accused news coverage of tainting the New York jury pool.

She did, however, agree to re-question about 40 people who qualified for the pool to see if they were influenced by the latest wave of publicity for Shkreli. Judge Matsumoto also requested another pool of 60 to 100 potential jurors to be brought to the courtroom on Tuesday, but there’s no guarantee they’ll hate him any less than the first batch.

The trial is expected to last six weeks, but it’s already shaping up to be a rough ride for Shkreli.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Ohio AG Sues Pharmaceutical Companies Over Opioid Epidemic https://legacy.lawstreetmedia.com/blogs/law/ohio-sues-opioid-crisis/ https://legacy.lawstreetmedia.com/blogs/law/ohio-sues-opioid-crisis/#respond Fri, 02 Jun 2017 18:33:28 +0000 https://lawstreetmedia.com/?p=61067

The lawsuit accuses the companies of developing a marketing scheme to dupe doctors and patients.

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Image Courtesy of The.Comedian : License (CC BY 2.0)

The state of Ohio took a stand against its crippling opioid epidemic Wednesday, filing a lawsuit against five leading pharmaceutical companies that make addictive painkillers.

Ohio’s attorney general, Mike DeWine, accused the companies of “fueling” the opioid epidemic by intentionally misleading doctors and ignoring evidence regarding the addictive nature of the pain medications.

“We believe the evidence will also show that these companies got thousands and thousands of Ohioans–our friends, our family members, our co-workers, our kids–addicted to opioid pain medications, which has all too often led to use of the cheaper alternatives of heroin and synthetic opioids,” DeWine said in a statement. “These drug manufacturers led prescribers to believe that opioids were not addictive, that addiction was an easy thing to overcome, or that addiction could actually be treated by taking even more opioids.”

The defendants in the case include Purdue Pharma, Endo Health Solutions, Teva Pharmaceutical Industries, Johnson & Johnson, and Allergan. They are accused of Medicaid fraud and violating the Ohio Consumer Sales Practices Act, among other charges.

Dewine said that, in 2014 alone, the companies spent $168 million on advertising branded opioids to doctors.

The drugs the companies sold include OxyContin, MS Contin, Dilaudid, Butrans, Hyslingla, Targiniq, Percocet, Percodan, Opana, Zydone, Actiq, Fentora, Duragesic, Nucynta, Kadian, Norco, and other generic opioids, according to the press release.

According to the lawsuit, 793 million people were prescribed opioids in 2012–enough to supply every man, woman, and child in the state with 68 pills each. In 2016 that number had dropped to 2.3 million patients–still roughly 20 percent of the state’s population.

The lawsuit was filed in Ross County as Southern Ohio is likely the hardest hit area in the nation by the opioid epidemic.

In 2014 and 2015, Ohio had the greatest number of deaths in the nation from synthetic opioids, according to the lawsuit–with 1 in every 14 deaths from synthetic opioids in the United States occurring in the state. In 2015, a record 3,050 Ohioans died from unintentional drug overdoses–2,590 of those deaths came from opioids.

According to the Columbus Dispatch, earlier this month, two Democratic candidates for governor, Sen. Joe Schiavoni, (D-Boardman) and Dayton Mayor Nan Whaley, separately called for action against drug companies.

In 2015, Kentucky settled a similar lawsuit with Purdue Pharma for $24 million. And in April the Cherokee Nation tried something similar, filing its own lawsuit against six distribution and pharmacy companies, claiming that they unjustly profited through over-prescribing and selling opioids.

DeWine is seeking accountability from the pharmaceutical companies and unspecified damages on behalf of the state.

“It is just and it is right that the people who played a significant role in creating this mess should now pay to clean it up,” DeWine said.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Insulin Brand’s Stock Plummets After Bernie Sanders Tweets About Price Hikes https://legacy.lawstreetmedia.com/blogs/technology-blog/insulin-brands-stocks-plummet-bernie-sanders-tweeted-price-hikes/ https://legacy.lawstreetmedia.com/blogs/technology-blog/insulin-brands-stocks-plummet-bernie-sanders-tweeted-price-hikes/#respond Fri, 04 Nov 2016 14:57:50 +0000 http://lawstreetmedia.com/?p=56684

What's the story behind insulin price hikes?

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"Life Liquid" courtesy of Alan Levine; license (CC BY 2.0)

On Tuesday, Bernie Sanders’ Twitter account sent out a series of tweets describing the price hike on insulin from pharmaceutical company Eli Lilly and Co. The tweets linked to a Washington Post article that details the increasing prices from the day insulin was discovered in 1921 until today. Sanders’ tweets attacked the drug industry, accusing the companies involved of corporate greed.

A bit of backstory is necessary: the researchers who discovered insulin debated whether to patent it at all since their main purpose was to help humanity. Their discovery made it possible for people to live with a disease that had previously meant a death sentence. Eventually they sold the patent for $3 to the University of Toronto.

Sanders’ tweets, which were not signed by him personally but sent out by staff members, caused Eli Lilly’s stock price to drop 2.4 percent. The price of $72.02 per share was the lowest it has been since March 31. Prices soon stabilized again, and Eli Lilly released a statement defending its pricing.

“A permanent solution that gives everyone who uses insulin reasonable access will require leadership and cooperation across many stakeholders, including manufacturers, (pharmacy benefit managers), payers, and policymakers. That’s because the answer itself isn’t simple.”

This year marks 75 years after the original patent on insulin expired and three companies in particular have made improvements to insulin that leads to the creation of more patents and garnered the owners billions of dollars. One of those companies is Eli Lilly; its insulin Humalog has gone up in price from $21 in 1996 to $255 today. That’s a 700 percent increase.

But why isn’t competition keeping the prices down? The pharmaceutical industry claims drug improvement raises prices, but experts question this and believe the changes to the drugs are only to cover up for price hikes as well as to create new patents. David Nathan from Harvard Medical School said to the Post:

I don’t think it takes a cynic such as myself to see most of these drugs are being developed to preserve patent protection. The truth is they are marginally different, and the clinical benefits of them over the older drugs have been zero.

Many people can’t even afford to get their insulin. Around six million Americans depend on it, and though many get it through health insurance, there are also many without insurance or in between insurance plans because of different life changes.

Sanders has targeted the drug industry before and influenced the stock market through his tweets about Ariad Pharmaceuticals’ high prices for a leukemia drug. Hillary Clinton is doing pretty well too–she has tweeted both at the industry in general, causing Nasdaq shares to fall last year, and about the EpiPen by Mylan NV, whose shares fell by 6.2 percent. If these progressive politicians keep it up, maybe things will change after all!

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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EpiPen CEO Heather Bresch is Giving Us Major Martin Shkreli Vibes https://legacy.lawstreetmedia.com/blogs/culture-blog/epipens-ceo-heather-bresch/ https://legacy.lawstreetmedia.com/blogs/culture-blog/epipens-ceo-heather-bresch/#respond Thu, 25 Aug 2016 19:12:55 +0000 http://lawstreetmedia.com/?p=55098

Not cool.

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EpiPen Auto Injector Courtesy of [Greg Friese via Flickr]

Remember Martin Shkreli? He was the hedge fund manager who bought a life-saving AIDS drug and then raised its price overnight by more than 5,500 percent. Yeah, that dude. Well he’s not the only one giving Big Pharma a bad name. Mylan CEO Heather Bresch is the newest pharmaceutical exec to face similar criticism after she struggled to justify hiking the price of the EpiPen by more than 400 percent in the past decade.

“No one is more frustrated than me,” Bresch told CNBC “Squawk Box” on Thursday when asked to explain the exorbitant price increase and why Mylan can’t cut the price of the drug. Bresch tried to argue that the problem isn’t with Mylan and other pharmaceutical companies, but rather a broken health-care system that often forces consumers to pay the full retail price for prescription medications.

Bresch explained in a press release,

We recognize the significant burden on patients from continued, rising insurance premiums and being forced increasingly to pay the full list price for medicines at the pharmacy counter. Patients deserve increased price transparency and affordable care, particularly as the system shifts significant costs to them.

A standard two-pack of EpiPens now costs about $600, but in 2009 the cost was only $100. Mylan announced Thursday plans to cover up to $300 of out-of-pocket pharmacy cost through the use of a savings card, reducing patient cost by 50 percent.  Previously, the savings card covered $100. The decision to increase the rebate comes a day after Hillary Clinton called out Mylan to immediately  reduce the price of EpiPens.

While this new increased rebate sounds like a step in the right direction, the drug could still cost hundreds of dollars for patients and their families who are required to replace the allergy medication each year when it expires. And as patients still pay more money, Bresch’s paycheck still continues to increase. Her salary went form roughly $2.5 million in 2007, the year of the EpiPen acquisition, to $19 million in 2015.

Bersch acknowledged that high retail prices of EpiPens in the U.S. effectively subsidize the cost of the devices when they are sold in Europe, at just $100 or $150. CNBC notes that many of the countries there have government-run health-care systems that limit drug prices charged by manufacturers, unlike the U.S.

She also repeated several times throughout the interview that Mylan is taking immediate action to help ensure that everyone who needs an EpiPen gets one. “I am hoping that this is an inflection point for this country,” Bresch said. “Our health care is in crisis. It’s no different than the mortgage financial crisis back in 2007.”

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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