Judge orders Bristol-Myers, Sanofi to pay Hawaii $834 million for Plavix case

Bristol-Myers Squibb Co. and Sanofi State have been ordered to pay $834 million to Hawaii after losing a case in the state. The pharmaceutical companies were asked for compensation in connection with their Plavix medicine that was said to have not been labeled correctly.

The pharmaceutical companies’ violation

Previously, Bristol-Myers and Sanofi said that Plavix has little or no effect on individuals of Pacific Island ancestry, but it turned out to be risky for non-white patients. In the ruling, it was stated that the companies failed to warn non-white patients about health risks from using the said blood thinner drug.

The court said that Bristol-Myers and Sanofi should have put a warning on the label of Plavix so the users will be aware of the risks. It also stated that the drug was illegally marketed and placed many lives in danger.

Fox Business reported that the companies did not alter Plavix’s label to inform doctors and patients about the risks when they have known them for a long time already. U.S. District Judge Dean Ochiai in Honolulu handed down his decision on Feb. 15 and reiterated that both Sanofi and Bristol-Myers misleadingly marketed the blood thinner brand.

The court is asking both Sanofi and Bristol-Myers to pay the $834 million civil penalty for violating Hawaii’s consumer-protection laws because the Plavix drug was manufactured as part of their joint venture.

Moreover, Hawaii Attorney General Clare Connors’ lawyers revealed that the companies did not properly advise the public that their blood thinner was not effective for about 30% of users in the state. In the 43-page ruling, Judge Ochiai stated the companies engaged in deceptive marketing strategies and “knowingly placed Plavix patients at grave risk of serious injury or death in order to substantially increase their profits.”

Bristol-Myers and Sanofi’s response

In a joint statement, Bristol-Myers and Sanofi said that Judge Ochiai’s judgment was not supported by scientific evidence, so they will be appealing the decision.

"The penalties awarded by the court are wholly unsupported, particularly given that the State of Hawaii provided no evidence that even a single person has been harmed by Plavix," the firms said.

In a separate email statement to Bloomberg, Bristol-Myers added, “The court’s ruling is unsupported by the law and at odds with the evidence at trial. The overwhelming body of scientific evidence demonstrates that Plavix is a safe and effective therapy, including for people of Asian descent.”