Drug settlement declared

Deseret News (Salt Lake City), Oct 24, 2004 by Geoffrey Fattah Deseret Morning News

Utahns who have taken the antidepressant drug Remeron may be eligible for monetary compensation as part of a $36 million settlement announced by the Utah Attorney General's Office.

Spokesman Paul Murphy said the suit against manufacturer Organon USA Inc. and its parent company, Akzo Nobel N.V., was brought by attorneys general in all 50 states after Organon allegedly blocked cheaper generic versions of the drug.

Organon was accused of misleading the Food and Drug Administration about the scope of new "combination therapy" patent in order to extend its control on the drug and prevent generic versions from being offered. The company also allegedly delayed listing the patent with the FDA.

The result, according to a press release, was consumers and state health care agencies were paying higher prices for the drug. With Remeron as its top-selling drug, Organon made annual sales in excess of $400 million at its peak.

Assistant Attorney General Ronald Ockey said there was never a dispute on the safety or effectiveness of Remeron.

The proposed $36 million settlement was filed in federal court in New Jersey, Murphy said. Ockey said a federal judge will determine how the settlement will be divided among 50 states and individuals.

Ockey said it is likely that consumers who purchased the drug between June 15, 2001, and the present will be able to submit claims for reimbursement once a process is established by the court. As for as how much the state of Utah will receive, Ockey said state agencies will have to calculate how many Remeron prescriptions it has paid for.