On Sept. 25, 2009 the court issued a final ruling in the Bextra litigation, approving an $89 million settlement with Pfizer settling claims the company launched a misleading marketing campaign for its drugs Bextra and Celebrex. The firm was praised for its efforts on behalf of the consumer class.
Hagens Berman filed a class-action lawsuit against Pfizer on behalf of individual consumers and third-party payors who paid for the drug Bextra. The firm was praised by Judge Breyer for its "unstinting" efforts on behalf of the class, adding, "The attorneys on both sides were sophisticated, skilled, professional counsel whose object was to zealously pursue their clients’ interest, but not at the cost of abandoning the appropriate litigation goals, which were to see, whether or not, based upon the merits of the cases, a settlement could be achieved."
Bextra, which has been taken off the market due to side-effect concerns, was used to reduce pain, inflammation and stiffness caused by osteoarthritis and adult rheumatoid arthritis.
The suit claims that through deceitful marketing, advertising and promotion of Bextra as a superior product to other non-steroidal anti-inflammatory drugs (NSAIDs) - which are much less expensive - Pfizer mislead consumers and physicians into using and prescribing it over the competition.
The complaint also states that the goal of Pfizer's marketing efforts was to convince medical professionals of Bextra's superiority in order to pressure insurance companies and hospitals to include Bextra on their formulary lists, thus ensuring the drug's success.
If you paid for or paid a co-pay for Bextra you may be eligible to be part of this suit.
The Celebrex/Bextra Fraud Case is In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, Case No. 1699, N.D.Ca., MDL
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