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News Release

For Immediate Release
September 23, 2011

Jeff Cahill, Senior Assistant Attorney General
(603) 271-1246

State Recovers $355,000 in Medicaid Settlement with Drugmaker Elan Corporation

Attorney General Michael A. Delaney announces that New Hampshire has entered a civil settlement with Elan Corporation as part of a national resolution against the drug manufacturer. The case involved allegations that between 2000 and 2005 the company improperly marketed its anti-epileptic drug, Zonegran, for off-label purposes. Zonegran was introduced in 2000 and was approved by the Food and Drug Administration (FDA) to treat seizures. New Hampshire's share of the settlement is $355,000.

The settling states and the federal government alleged that Elan improperly marketed Zonegran for uses not approved by the FDA, thereby causing the submission of false claims to state Medicaid programs and to other federally funded health care programs. Elan allegedly engaged in promotional activities designed to increase the prescribing of Zonegran by pediatric neurologists even though the drug was not approved for patients under the age of 16. It was also contended that Elan promoted Zonegran for such unapproved uses as treatment for neuropathic pain, obesity, headaches, and a variety of psychiatric conditions. The settlement also resolved allegations that the company offered and paid improper remuneration to health care professionals to induce them to promote and prescribe Zonegran. As part of the settlement, Elan entered into a Corporate Integrity Agreement pursuant to which the company's future marketing and sales practices will be closely monitored.

Representatives from the Massachusetts, Michigan, Ohio, and New Hampshire Attorney General Offices served on the settlement team that represented the states' interests in the case.

New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658