McKool Smith, The Lanier Law Firm and Texas Attorney General Ken Paxton have filed a lawsuit on behalf of the State of Texas against Bristol-Myers Squibb and several Sanofi entities, alleging they failed to disclose key efficacy and safety information about the blood thinner Plavix.
The lawsuit alleges that the defendants violated the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) by failing to disclose that Plavix had a diminished or no effect on many patients, particularly those from Black, East Asian and/or Pacific Islander backgrounds, due to genetic factors affecting drug metabolism.
The suit further alleges that the defendants' actions also violated the Texas Healthcare Program Fraud Prevention Act (THFPA), resulting in minority patients being prescribed a medication that was substantially inadequate or inappropriate.
As a result, millions of Texans were improperly prescribed Plavix and had their lives unnecessarily placed at risk.
In addition, the defendants' actions resulted in the wastage of billions of dollars from taxpayer-funded healthcare programmes, such as Texas Medicaid.
"The defendants promoted a medication that was supposed to save lives," said McKool Smith Principal Radu Lelutiu.
"In truth, however, Plavix provided no therapeutic benefits to many patients, including patients who had the highest risk of cardiovascular disease and death."
"This lawsuit marks an important step towards accountability. It is a privilege to represent the State of Texas in this important case."
Along with Mr Lelutiu, the McKool Smith team includes Principals Jennifer Truelove, Rick Halper, John Briody, Rachael Jones and Sam Baxter, as well as Senior Counsel Ayana Rivers.
The State of Texas is also represented by co-counsel from The Lanier Law Firm.
"For more than a decade, these pharmaceutical companies put profits over people," said The Lanier Law Firm's Mark Lanier.
"They knew Plavix didn't work for many patients — especially minority patients who already face disproportionate risks of heart disease and stroke — but defendants hid that information to protect their bottom line."
"Texans trusted these companies with their lives and that trust was betrayed."
The case is The State of Texas v. Bristol-Myers Squibb Company, Sanofi-Aventis US, case number not immediately available, in the 71st District Court of Harrison County, Texas.