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For Immediate Release:  
For Further Information Contact:
March 29, 2006

Office of The Attorney General
- Zulima V. Farber, Attorney General
Division of Criminal Justice

- Gregory A. Paw, Director

 

John R. Hagerty
609-984-1936

 

 

Attorney General Farber Announces New Jersey to Receive $420,000
as Part of Nationwide Litigation Targeting Drug Maker

TRENTON --New Jersey Attorney General Zulima V. Farber announced that New Jersey will receive more than $420,000 as part of a national 14 million dollar, multi-state settlement with SmithKline Beecham Corporation (GlaxoSmithKline) concerning allegations that the company blocked the sale of generic versions of the anti-depressant drug paxil. The state complaint was filed on behalf of New Jersey consumers and state agencies by the Division of Criminal Justice - Financial Crimes Bureau.

“Today’s settlement is part of continuing efforts by the Attorney General’s Office to protect New Jersey consumers and government agencies from those corporations that would conspire to manipulate the regulatory system and marketplace for financial gain,” Attorney General Farber said. “This settlement is a significant victory for the State of New Jersey and its residents and will help compensate state agencies for overpayments of the drug.”

According to Attorney General Farber, the national settlement resolves claims that GlaxoSmithKline delayed generic competition by fraudulently listing and prosecuting litigation concerning paxil – paroxetine hydrochloride, a drug used to treat depressive, anxiety, and obsessive-compulsive disorders. The settlement secures recovery for New Jersey’s Medicaid purchases of paxil.

Gregory A. Paw, Director, Division of Criminal Justice, noted that the national settlement provides $420,267 to New Jersey as compensation to the state Medicaid Program for overpayments for the drug paxil.

Based on a multi-state investigation, the settlement is built upon the class action settlement in Nichols v. SmithKlineBeecham Corp. which successfully obtained a patent litigation victory at trial by generic manufacturers.

The settlement secures recovery for purchasers excluded from the class definition as represented by state attorneys general. Medicaid is the most significant state purchaser excluded from the class action settlement, representing over 90 percent of such purchases. Other state proprietary purchases for indigent care are also within the state settlement and excluded from the class settlement.

Deputy Director and Assistant Attorney General Andrew Rossner and Deputy Attorney General Steven Zweig of the Division of Criminal Justice, Financial Crimes-Antitrust Bureau, coordinated New Jersey’s participation in the national lawsuit.

Additional information regarding the class settlement is available at www.paxilclaims.com.

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