NH and Vermont’s Attorney Generals joined 41 other Attorneys Generals in a complaint and settlement with Bristol-Myers Squibb Company (BMS). The settlement is for the drug company’s alleged improper marketing of Abilify. The FDA approved the drug in 2002 for treatment of Schizophrenia. The States allege that Abilify that BMS promoted Abilify for use in elderly patients with symptoms consistent with dementia and Alzheimer’s disease, despite the lack of FDA approval for these uses and without establishing the drug’s safety and efficacy for that use. In 2006, the FDA required that BMS place a “black box warning” on Abilify stating that elderly patients with dementia-related psychosis who are treated with antipsychotic drugs have an increased risk of death. In addition, the complaint alleges BMS promoted Abilify for uses in children that were not approved by the FDA, and BMS made deceptive statements and minimized and misrepresented Abilify’s risks.
Vermont will receive over $220,000 and NH will garner over $243,000 from the over $19 million-dollar settlement for all the states.