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News Release

For Immediate Release
July 31, 2013

Karin M. Eckel, Assistant Attorney General
(603) 271-1246

Attorney General Announces Medicaid Settlement with Wyeth Pharmaceuticals, Inc.

Attorney General Joseph A. Foster announces that New Hampshire has joined with other states and the federal government in a $491 million dollar settlement to resolve civil and criminal allegations that Wyeth Pharmaceuticals, Inc. (Wyeth) promoted the sale and use of Rapamune for uses for which it had not been approved by the FDA. As part of this national settlement, New Hampshire will receive over $168,000 in recoveries from Wyeth.

Rapamune is a FDA approved kidney transplant drug which is prescribed to prevent the body from rejecting a donor organ that has been transplanted into the body. The federal and state complaints alleged that Wyeth knowingly promoted the sale and use of Rapamune (a) for use in connection with solid organ transplant patients other than kidney transplant patients and (b) in treatment regimens with transplant patients who used another immunosuppressant drug before using Rapamune and who did not receive Rapamune at or around the time of a kidney transplant.

Wyeth will pay the states and the federal government $257,400,000 dollars in civil damages and penalties to resolve off label marketing of Rapamune. Over $60 million dollars of this amount will go to the Medicaid programs, which is funded jointly by the states and the federal government. Additionally, Wyeth has pled guilty in federal court to violations of the U.S. Food, Drug, and Cosmetic Act, and has agreed to pay $233,600,000 in criminal fines and forfeitures.

A team from the National Association of Medicaid Fraud Control Units (NAMFCU) conducted the settlement negotiations with Wyeth on behalf of the states.

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