- Nevada to get quick state Supreme Court reply on execution (ktvn.com)Officials warn that expiring drugs means Dozier execution must take place before November (thenevadaindependent.com)
The Nevada Supreme Court has agreed to quickly take up the question of whether a drug company can block the use of its product in an inmate's execution...Prison officials won expedited review Friday, just minutes after filing documents saying the state faces the expiration of one of three drugs it wants to use...State Attorney General Adam Laxalt's office says it needs a high court ruling by Oct. 19...That would put twice-convicted killer Scott Raymond Dozier's twice-postponed lethal injection on track for mid-November...Dozier says he wants to die, but judges have for different reasons blocked the never-tried combination of drugs the state drew up after struggling to find lethal injection supplies...Pharmaceutical firm Alvogen says Nevada improperly obtained its sedative midazolam to use in Dozier's execution.
- Merck and Novartis gender bias suits draw renewed attention, and New York is taking action (fiercepharma.com)
As the #MeToo movement puts workplace sexual harassment at the front, Merck & Co. and Novartis, two of the largest pharma companies, find themselves entangled in a different kind of gender problem: alleged pregnancy discrimination...Merck for years has been embroiled in a lawsuit that accused it of discriminating against female sales reps in promotions and pay...The Merck suit...brought...by Kelli Smith, a former...saleswoman, alleged that Merck discriminated against female sales reps and against pregnant women in its decision on promotions and pay...Smith was demoted in March 2011, after she returned from maternity leave, and was put in the lowest-paid sales rep tier...Merck isn’t the only pharma company that has been under fire with gender-bias complaints. Novartis in 2010 agreed to pay $175 million to settle a similar suit. Christine Macarelli, a former...saleswoman, said in that case that her supervisor told her “women who find themselves in my position—single, unmarried—should consider an abortion,”...Now both Merck and Novartis are under scrutiny from the New York state government’s Division of Human Rights. The agency just sent the companies letters requesting information about the discrimination claims. Because New York has a law requiring employers to accommodate pregnant workers, the state could seek damages though administrative complaints, according to the NYT...
- Nevada sets 1st execution since 2006 after fight over drugs (tri-cityherald.com)Judge OKs Nevada execution, but questions about drugs remain (rgj.com)
Dozier's death warrant was signed by Clark County District Court Judge Jennifer Togliatti, who last November blocked the execution over concerns that one drug in the three-drug protocol would immobilize the inmate and mask any signs of pain and suffering. The warrant didn't address her previous concerns..."The (state) Supreme Court never decided whether Mr. Dozier would experience extreme pain, or if he would suffocate to death, or if this protocol is constitutionally adequate," ACLU legal director Amy Rose said Wednesday. She conceded that her group didn't have legal standing to act on Dozier's behalf unless he asks for it...Dozier, 47, has said he wants to die and doesn't really care if he experiences pain. But he did let a team of federal public defenders challenge the drugs and method that Nevada prison officials planned to use...Nevada and other states have struggled in recent years to find drugs after pharmaceutical companies and distributors banned their use for executions...
- After setting aside $200M, Endo settles 1,300 testosterone liability lawsuits (fiercepharma.com)
...Endo International has inked a deal to put 1,300 testosterone drug liability lawsuits to rest...The company disclosed a "master settlement agreement"...to resolve "all known" cases it faces. It will pay into a settlement fund, from which plaintiffs can release their claims...The deal doesn't include an admission of wrongdoing...Late last year, the company added $200 million to its legal reserves to cover costs in testosterone product liability litigation. The company reported in May that it faced about 1,300 testosterone cases. About 900 suits are in a nationwide multidistrict grouping against Endo and several other drugmakers...The plaintiffs alleged that Endo and other drugmakers overmarketed their testosterone drugs and ignored safety risks, leading to serious health complications...The company is among a group of drugmakers facing thousands of lawsuits alleging harm from testosterone replacement therapies. AbbVie faces about 4,600 lawsuits in the multidistrict litigation...while Eli Lilly faces about 500. All told, the multidistrict litigation includes about 7,700 testosterone liability lawsuits. Eli Lilly previously entered a memorandum of understanding about a potential settlement over lawsuits alleging harm from Axiron.
- UPDATE: Judge halts tonight’s Nevada execution, but Supreme Court could hear appeal today (rgj.com)Drug maker goes to Clark County court to stop Dozier execution (reviewjournal.com)Possible execution ‘not the talk of the town’ for Ely residents (reviewjournal.com)DOC lays out protocol for Nevada’s first execution in 12 years (reviewjournal.com)Parents of victim testified at Dozier’s murder trial in Las Vegas (reviewjournal.com)
A Nevada judge effectively put the execution of a two-time killer on hold...after a pharmaceutical company objected to the use of one of its drugs to put someone to death...Clark County District Judge Elizabeth Gonzalez disallowed the use of the drug in a ruling that came down less than nine hours before Scott Raymond Dozier, 47, was to be executed with a three-chemical injection never before tried in the U.S...The Nevada Supreme Court could hear an appeal Wednesday afternoon of the judge's ruling to halt the use of a drug in the execution of a twice-convicted killer...Supreme Court spokesman Michael Sommermeyer says that some of the seven justices are in Chicago for a Nevada State Bar Association meeting, but that the court could meet by teleconference...The state of Nevada had not yet appealed by midday. The state said it would explore whether it could appeal to the Nevada Supreme Court...
- Big Pharma abandons lawsuit over Nevada’s insulin pricing transparency law after state approves trade secret protection regulations (thenevadaindependent.com)Nevada Addresses SB 539’s Most Significant Flaws (phrma.org)
Two national drug lobbying organizations dropped a lawsuit Thursday challenging the constitutionality of Nevada’s first-in-the-nation insulin pricing transparency law a little less than a month after the state approved regulations allowing drug companies to protect certain information they turn over to the state from public disclosure...Attorneys representing two associations and the state agreed in a joint court filing that the newly adopted regulations resolve drug companies’ concerns that the new law would require manufacturers of diabetes drugs to disclose trade secret-protected information in conflict with federal law and in violation of the U.S. Constitution. The decision to abandon a legal fight comes nine months after the Pharmaceutical Researchers and Manufacturers of America and the Biotechnology Innovation Organization challenged the law in U.S. District Court.
- Kentucky sues Walgreens for its alleged role in the opioid crisis (cnbc.com)
Kentucky has sued Walgreens for its role in the state's opioid epidemic...Attorney General Andy Beshear filed the suit against Walgreens for its dual role as a distributor and a pharmacy, saying it allegedly failed to monitor its own operations and shipped and dispensed large amounts of opioids...The lawsuit alleges "unfair, misleading and deceptive business practices by Walgreens for excessively distributing and dispensing opioids in Kentucky and for failing to legally report to state and federal authorities the suspiciously large orders it received for prescription opioids."...This is the sixth opioid-related suit Beshear has filed. He's sued three drug distributors, AmerisourceBergen, which Walgreens Boots Alliance owns a roughly 26 percent stake in, McKesson and Cardinal Health. He's also sued pharmaceutical manufacturers, including Johnson & Johnson.
- Trump administration halts billions in insurance payments under Obamacare (reuters.com)
The Trump administration...halted billions of dollars in payments to health insurers under the Obamacare healthcare law, saying that a recent federal court ruling prevents the money from being disbursed...The Centers for Medicare and Medicaid Services, which administers programs under the Affordable Care Act, said the action affects $10.4 billion in risk adjustment payments...President Donald Trump’s administration has used its regulatory powers to undermine Obamacare after the Republican-controlled Congress last year failed to repeal and replace the law. About 20 million Americans have received health insurance coverage through the program...The payments are intended to help stabilize health insurance markets by compensating insurers that had sicker, more expensive enrollees in 2017. The government collects the money from health insurers with relatively healthy enrollees, who cost less to insure...
- Refusal to Fill Prescriptions Under Conscience Clauses (drugtopics.com)
A more difficult question is raised if a pharmacist refuses to fill based upon his or her religious beliefs...a University of Wisconsin student requested a refill on her birth control prescription at her local pharmacy. The pharmacist on duty, Neil Noesen, RPh, refused to fill it, citing his religious beliefs. He also would not transfer the prescription or tell her where she could get it filled...The student filed a complaint with the Wisconsin Board of Pharmacy.The board’s administrative law judge restricted Noesen’s license, finding that a pharmacist with a conscientious objection to dispensing a prescription must ensure there is an alternative mechanism for the patient to receive the medication, including informing the patient of their options to obtain their prescription.”...The Court on appeal ruled, “Noesen had a right to refuse to provide birth control pills but not to refuse to transfer a valid prescription to another pharmacy.”...The Trump administration is making it easier for medical providers to object to procedures on religious grounds...an HHS proposed rule...would allow HHS to enforce protections for religious medical providers...Pharmacists must be familiar with their state regulations and new federal guidelines...
- Theranos founder Elizabeth Holmes indicted for alleged fraud, out as CEO (statnews.com)U.S. Files Criminal Charges Against Theranos’s Elizabeth Holmes, Ramesh Balwani (wsj.com)
A grand jury has indicted CEO Elizabeth Holmes and...Sunny Balwani for alleged fraud at Theranos, the disgraced Silicon Valley company that once promised to revolutionize blood testing in a pitch that was too good to be true...The criminal charges filed by federal prosecutors allege that Holmes and Balwani bilked investors out of hundreds of millions of dollars while also defrauding doctors and patients through years of lies that put thousands of people in personal danger...(they) are charged with two counts of conspiracy to commit wire fraud and nine counts of wire fraud in the indictment, which was handed down on Thursday and unsealed on Friday. They now each face a maximum of 20 years in prison and up to $2.7 million in fines, a figure that doesn’t include any cash the government might demand as restitution for the alleged fraud...Holmes and Balwani lied brazenly about their technology’s capabilities — even though they knew it was inaccurate, unreliable, slow, and limited in terms of the tests it could perform...They marketed their blood test sold in Walgreens stores to consumers in Arizona and California, the indictment says, even though they knew it could not consistently report accurate levels of calcium, chloride, and potassium, among other medical tests. They told investors that they were using their own proprietary machines to test patients’ blood, when in fact they were using commercially available analyzers they’d purchased...