You sometimes hear about lawsuits that result in damage awards with enough zeros to make your mind spin. Millions. Billions.
Despite what some people think, filing a lawsuit is never a get-rich-quick scheme. A single lawsuit can take years to get through the courts, the litigation process is expensive and time-consuming. But in some situations, it’s the only way to get what you deserve if you’ve been injured, whether in a car accident, truck accident, slip and fall, workplace accident, toxic exposure, by a defective product or medical device, or by a pharmaceutical drug.
Prescription drugs are a great relief to many of us because they treat everything from minor infections to serious, life-threatening conditions. Sometimes the risks outweigh the benefits, and that’s a conversation each person needs to have with their doctor before beginning a new drug or treatment.
Often, when a drug is recalled or when lawsuits are filed, it’s because the manufacturer failed to warn doctors and patients about dangerous side-effects or long-term issues. When the manufacturer doesn’t share important risk information with doctors, the doctors can’t provide their patients with a clear picture of the risks and benefits. As a result, patients use a drug that they think will help them, but they can end up having serious health problems in the long term.
The subject of many of the largest drug lawsuit settlements to date is how companies have misrepresented the drugs and their uses to physicians. In many of these cases, the lawsuits were filed because drug manufacturers promoted their products for uses outside of the scope of FDA approval.
Why do pharmaceutical companies misrepresent drugs?
Put simply: money.
When a company can claim that a drug is used for more purposes than it’s actually approved for, it can sell more product. And, in some cases, these uses aren’t inherently unsafe — they’re just not approved by the FDA.
But sometimes they are unsafe.
Some of the cases involve drugs being prescribed at higher doses than recommended, and in other cases the drugs have yet to be tested in clinical trials.
This is like Big Pharma playing roulette with your health. Your doctor is acting in good faith and prescribing medications according to what the manufacturer specifies is correct. That’s why the manufacturers are the ones being sued — they’re misleading doctors and the public about how these drugs function and what they can do.
Fortunately, in recent years the negligent actions of pharmaceutical companies are being called into question and lawsuits have been filed. These settlements are huge, even for some of the largest pharmaceutical manufacturers in the world.
Pharmaceutical company settlement amounts
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<a href="https://www.enjuris.com/blog/resources/largest-pharmaceutical-settlements-lawsuits/" target="blank"><img src="https://www.enjuris.com/infographics/2021/five-largest-pharmaceutical-lawsuits-settlement-amounts.gif" alt="5 Largest Pharmaceutical Lawsuits and Settlement Amounts" title="Fault Systems by State" style="width: 100%; max-width: 987px; display: block; margin: 15px auto;" /></a>
Let’s take a look at the top 10 pharmaceutical settlements, in order of dollar amounts (highest to lowest). These can include a combination of criminal fines and civil settlements:
| Company | Amount of penalties | Year |
|---|---|---|
| GlaxoSmithKline | $3 billion | 2012 |
| Pfizer | $2.3 billion | 2009 |
| Johnson & Johnson | $2.2 billion | 2013 |
| Abbott | $1.5 billion | 2012 |
| Eli Lilly | $1.42 billion | 2009 |
| Merck | $950 million | 2011 |
| Amgen | $762 million | 2012 |
| AstraZeneca | $520 million | 2010 |
| Actelion | $360 million | 2018 |
| Purdue Pharma | $270 million | 2019 |
1. GlaxoSmithKline, 
$3 billion
Drugs: Paxil, Wellbutrin, Avandia
GlaxoSmithKline holds the dubious distinction of being forced to pay the largest health care fraud settlement in U.S. history. The criminal fine was $956,814,400 with a forfeiture of $43,185,600. $2 billion was paid to resolve civil liabilities under the False Claims Act.
The penalties are related to deceptive marketing, including off-label promotion and kickbacks, and failure to report safety data.
GSK agreed to pay based on:
- Promoting Paxil, Wellbutrin, Advair, Lamictal, and Zofran for off-label and non-covered uses, in addition to paying kickbacks to physicians for prescribing those drugs.
- Giving kickbacks to physicians for prescribing Imitrex, Lotronex, Flovent, and Valtrex.
- Making false and misleading statements about Avandia’s safety.
- False reporting to the Medicaid Drug Rebate Program.
2. Pfizer, $2.3 billion
Drugs: Bextra, Geodon, Zyvox, Lyrica
The criminal fine was $1.3 billion, and the additional $1 billion was for civil allegations under the False Claims Act. Pfizer falsely promoted Bextra, antipsychotic drug Geodon, antibiotic Zyvox, and antiepileptic Lyrica. The company was also accused of paying kickbacks related to these drugs and submitting false claims to government health care programs based on uses that weren’t medically accepted.
Bextra was pulled from the market in 2005 after it was deemed unsafe.
3. Johnson & Johnson, $2.2 billion
Drugs: Risperdal, Invega, Natrecor
Criminal fines and forfeiture totaled $485 million, and civil settlements amounted to $1.72 billion.
In the early 2000s, Risperdal was approved to treat schizophrenia. However, the company’s sales representatives were promoting the drug to physicians as a treatment for elderly dementia patients for anxiety, agitation, depression, hostility, and confusion. There were also allegations that Risperdal was marketed for other unapproved uses, such as prescription to children and individuals with mental disabilities.
Invega and Natrecor were also included in these lawsuits as having been illegally marketed for off-label and unapproved uses.
4. Abbott, $1.5 billion
Drug: Depakote
Criminal fines in this action were $700 million and civil settlements were $800 million. Abbott promoted Depakote as a drug to control agitation and aggression in elderly dementia patients, and for schizophrenia. The FDA hadn’t approved the drug for either of these uses. For 8 years, the manufacturer marketed Depakote for this purpose in nursing homes, even though there wasn’t any evidence that the drug was safe and effective when used that way.
In fact, the FDA had approved Depakote for epileptic seizures, bipolar mania, and migraine treatment. The manufacturer had actually discontinued clinical trials of Depakote for dementia treatment in 1999 because of adverse events, yet they still continued to market it publicly.
5. Eli Lilly, $1.42 billion
Drug: Zyprexa (generic: olanzapine)
Eli Lilly promoted antipsychotic drug Zyprexa for uses outside the FDA’s approval, which resulted in criminal fines of $515 million and civil settlements of $800 million.
The FDA approved olanzapine in 1996 for treating psychotic disorders. It was later approved for treatment of manic episodes of bipolar disorder, and then for short-term treatment of schizophrenia. It was not approved for treatment of dementia or Alzheimer’s Disease.
However, Eli Lilly was marketing Zyprexa to primary care physicians even though it wasn’t a drug intended for the primary care market. As a result, physicians were prescribing it for patients of all ages for anxiety, irritability, depression, nausea, Alzheimer’s, and other issues.
6. Merck, $950 million
Drugs: Vioxx (generic: rofecoxib)
The assessed penalties related to sales of Vioxx were $321,636,000 in criminal fines, $426,389,000 in civil settlements, and $201,975,000 distributed to Medicaid states.
The criminal component to the case related to Merck promoting Vioxx for treatment of rheumatoid arthritis when it wasn’t approved by the FDA for that use.
7. Amgen, $762 million
Drug: Aranesp
Amgen introduced Aranesp for uses and at dosage levels that the FDA specifically didn’t approve because there wasn’t enough evidence to establish its safety. Amgen introduced the drug for oncology and nephrology physicians to prescribe to patients with anemia from chronic kidney disease or chemotherapy. The doses were larger and less frequently administered than what the FDA had approved.
Amgen also promoted Aranesp for cancer patients with anemia but who weren’t receiving chemotherapy, which was not an FDA-approved use. In fact, the FDA had determined that using it in that manner could cause an increased risk of death.
Amgen paid a criminal fine of $136 million and criminal forfeiture of $14 million. It paid $612 million to the federal government and $24.8 million to the states as its civil settlements.
8. AstraZeneca, $520 million
Drug: Seroquel
Seroquel is an antipsychotic drug manufactured by AstraZeneca that was approved in 1997 by the FDA for treatment of psychotic disorders. In 2000, that approval was proposed to be narrowed to short-term treatment of schizophrenia only. In 2004, it was narrowed to short-term treatment of acute manic episodes associated with bipolar disorder. It was later approved for bipolar depression.
However, during this time, the manufacturer was marketing the drug for additional uses like treatment of aggression, Alzheimer’s, anger management, anxiety, attention deficit hyperactivity disorder, bipolar maintenance, dementia, depression, mood disorder, post-traumatic stress disorder, and sleeplessness — even though the FDA hadn’t approved Seroquel for those uses.
In addition, AstraZeneca paid kickbacks to doctors for authoring articles about the drug being used in ways that weren’t approved.
9. Actelion, $360 million
Drug: Tracleer, Ventavis, Veletri, Opsumit
Each of these drugs is used to treat pulmonary arterial hypertension. Although the drugs are safe for patients to use, the manufacturer was sued because it violated the False Claims Act and Anti-Kickback Statute.
Actelion used a foundation to illegally pay copays for thousands of Medicare patients taking these drugs, which would also induce patients to buy them because the prices would be higher otherwise. It essentially set up a fund to cover copays of its own drugs, which undermines the Medicare copay structure which is designed to prevent drug price inflation. Actelion was then able to raise the price of Tracleer by nearly 30 times the overall rate of inflation.
10. Purdue Pharma, $270 million
Drug: OxyContin
Purdue Pharma has been accused of playing a role in the U.S. opioid epidemic. A recent settlement, which was with the state of Oklahoma, acknowledges that the manufacturer didn’t adequately warn physicians and the public about the risks of becoming addicted to OxyContin.
The settlement will go toward funding treatment centers, reimbursing the state for its related expenses, and medicine for addiction treatment.
What if you’ve suffered injury from a defective drug?
This might all seem like legal and financial wrangling, and much of it is exactly that. But it doesn’t change the fact that people in the U.S. are injured every day by drugs that were inherently defective, prescribed at the incorrect dosages, or used without the proper warnings.
If you’ve suffered health effects from a drug or drug interaction, you might be able to file or join a lawsuit. Use the Enjuris Personal Injury Law Firm Directory to find a lawyer who specializes in defective drugs in your state.
Sources:
- ProPublica, Big Pharma’s Big Fines
- The New York Times, Purdue Pharma and Sacklers Reach $270 Million Settlement in Opioid Lawsuit
Patricia dugan says
How long does it take to get your $ after a law suit is settled?
Ian Pisarcik says
Patricia,
It usually takes between 3 and 6 weeks to get a settlement check. But this can vary greatly depending on a number of circumstances, including whether the parties have singed the settlement or whether the settlement documents still need to be drafted, whether an insurance company is involved, and whether the court has to approve the settlement.
Glenda Hughes says
Thank you for accepting me to your group. I have had a lot of illnesses in the past 2 1/2 years
I am currently under the care of 2 gastrointestinal Dr’s and a gastrointestinal surgeon .I have thrown up blood, I have had blood from my rectum . Not the kind of blood that is in your stool, dark granular blood without any poop
I have been in and out of the hospital around 9 times in the past 3 months . I have been on phenergan 6xday, protonix 2xd and sucralfate 4xd and flexeril 3xd for over 3 months.
and am still taking these meds daily. If I don’t I vomit and am doubled over in pain for 3-4 hours. I have only been able to eat crackers, jello and yogurt for over 2 months but only if the above medications are in my system. I now see why my gastrointestinal Dr took me off the Wellbutrin. So here I am today knowing the Wellbutrin is the cause of all my issues, I have documented statements to prove this fact. And now have to taken off Wellbutrin and start at ground zero with a new antidepressant. I have an appointment with my gastrointestinal Dr December 1st
And one with my mental health care provider in 4 weeks. I can’t just discontinue the Wellbutrin, I need to be tapered off this medication and prescribed another antidepressant
with the supervision of my psychiatric Dr. who I don’t see for 3 weeks. ××××××××××××××××××
I meant to start my situation with the information presented below. I’m a mess both psychically and mentally at this point
*******
About 4-5 months ago I started vomiting, every day. To the extent that my stomach would be bruised
from the inside , not the type of bruising that is made when injure/hurt yourself. And terrible pain comparable to contractions. I went to the er and they did some testing and sent me home with phenergan.
2 days later I’m still vomiting and at this point nonstop abdominal pain. So back to the er. Once there, I started vomiting blood. Quite a bit of blood and only blood. I was diagnosed with pancreatitis and stayed in the hospital for 5 days
At which time my gastrointestinal Dr paid me a visit. He told the nurse to discontinue my prescribed Wellbutrin. I have diagnosed depression and have been on antidepressants for 24 years.
So I leave the hospital after 5 days of no Wellbutrin in my system and waited 4 days for my insurance to override the new antidepressant.
After 9 days without any antidepressants I was not in the right state of mind. Crying, saying things to my daughter that weren’t true and not even having the desire to live, so I called my mental health care provider and she started me back on 300mg of Wellbutrin and even increased my dose to 450 mg
The vomiting continues along with extreme pain in my abdomen. I go back to the er and they said nothing showed up on xrays so sent me home. I am now going to the er multiple times with the same issues
Xtreme pain and vomiting.
After about 2 weeks of this they told me my gallbladder needs to be removed. So I scheduled to have the surgery. In and out on the same day
This was done 7-8 weeks ago
And I’m still vomiting and abdominal pain. I had 2 endoscopes and 2 colonoscopies done last year
My pcp Dr diagnosed me with hepatitis-c , which presents itself as a side effect of Wellbutrin. So I was sent me to the gastrointestinal Dr. I’m vomiting every day prior to the treatment and ever day during the 58 days of medication to rid my body of the disease, which is a side effect of Wellbutrin. I had no idea how I contracted it. I am not nor have I ever been an iv drug user.
And after treatment for hep-c, pancreatitis, and gallbladder removed I am still vomiting and severe abdominal pain. I am now drinking Boost, Ensure to try and get some nutrients. I still need phenergan 6xd, protonix 2x day and Sucralfate, 4xday, flexeril 3x day and the increased mg of Wellbutrin.
A few days ago I thought back to my gi Dr who said the Wellbutrin was causing all my issues. So i look into the side effects of Wellbutrin
Everything i have been experiencing is on that list, even the hepatitis c .Dug a little further and discovered the Wellbutrin was taken off the market due to these side effects but the makers of Wellbutrin sold it in a generic form. There has been a 3 million dollar class act lawsuit against the makers of Wellbutrin due to side effects.
I need assistance on my own lawsuit . I have all documents confirming everything I have stated
If needed I can post them here.
Naty says
Why Abbott couldn’t have been sue for Lupron, when are thousand of victims of this drug?
Tessa says
Epclusa brand new Hepatitis C cure medicine I took it 3 months 4 years ago I was pretty healthy then when I was taking it made me a little sick not too bad it was after I finished it almost immediately vomiting pain diarrhea suffering massive weight loss Inova Hospital malnutrition whole digestive tract destroyed liver enzymes through the roof all the time now they found answer my bile ducts in my liver and spleen and it started right after finishing that medicine
Ian Pisarcik says
I’m sorry this happened to you.
You might consider reaching out to an attorney in your area to see if you can recover damages through a pharmaceutical liability lawsuit.
In the meantime, you can read more about pharmaceutical liability here.
Jean Fitzhugh says
The Drug Enforcement Administration is a US federal law enforcement agency under the US DOJ tasked with combating drug trafficking and distribution within the US. It is the lead agency for domestic enforcement of the Controlled Substances Act, sharing concurrent jurisdiction with the FBI, the US Immigration and Customs Enforcement’s Homeland Security Investigations, The DEA has sole responsibility for coordinating and pursuing U.S.. drug investigations both domestic and abroad. My question: What is their part in the handling of negociations with the drug companies being sued. by the WVa governement? Will they insure that the victims get the money since it was the victims who were the injured parties and not the WV state government? (crisis began in 1999 or maybe earlier.
Sky Gibson says
I failed a lawsuit in 2019 with the pharmaceutical On the opioid pandemic lawsuit I’m not sure the law firm that handled The lawsuit Because I cannot gain access to my email address that was given to the lawyers office that is working the case but the last Communication was at the beginning of this year stating that a settlement had been in the making and they had come up with a settlement and then they were just waiting on how much and when everybody will get their settlement but my concern is I don’t remember the name of Law firm and how would I find this out and how will I get my money
Ian Pisarcik says
I’m sorry you’re having trouble finding the name of your law firm. Do you remember the address of the law firm or the name of any of the attorneys? Alternatively, do you remember where the lawsuit was filed (the lawsuit would include the name of your law firm). I recommend contacting the Tennessee State Bar Association. They may be able to help you track down your law firm.
Susan says
When (what date) was this article written?
Vezna says
Top 3 makers of our C19 vaccines all here. Combined with the fact that they have no liability.
Gary K says
I had a wrongful death lawsuit against Purdue and was told that the company went bankrupt with billions of settlement funds waiting to be disbursed- this was 2 years ago-I’m still waiting
Terry Wayne Thompson says
I waa prescribed seroquel for sleep 6 years ago.Do not sleep well at all now.Have alot more my dr.is in prison.please help me
MARYANNE PATTEN says
I was diagnosed in NYC in late 1990s with Lumber & Cervical Radiodictalopathy which recently became Fibromyalgia. At that time in NYC I was admitted to a pain clinic run by an infamous Dr. I was initially put on Methadone which I was allergic to and was sleepy and sick all the time. The last drug I was given recently was Fentanyl patches which I am now free of but at a cost. I missed 20 yrs of my life and I cannot get them back.
I want to join or start a consumer CLASS ACTION SUIT against the Dr and all the big pharma companies that think they are too big to fail. Without us Guinea pigs aka people in pain they will have no reason to exist. The doctors taking kickbacks are equally disgusting while killing people.
Because of this horrible situation I am in I cannot work, am on disability and Medicaid and now I was forced into Medicare and I have to now pay a co-pay for all my scripts?
These companies and doctors cannot skate. It’s time the people of this country stand up and take our lives back. We have hundreds of thousands of people hooked on these despicable drugs and they are literally dying from them. There is a TV show currently talking about this very problem called DRUGSICK. Even doctors who have pain are hooked on opioids.
That is what I am looking for – a law firm who can stand up to big pharma companies & shifty doctors on the take all in the name of consumers – I am looking for a CLASS ACTION SUIT TO JOIN OR TO “START”.
Alienated A says
My doctor prescribed an increased dosage of high blood pressure medication from 2.5 to 5 mg without explanation. a few months later I developed a drug=induced, disfiguring lichen planus skin condition; I had experienced heart palpitations before this, but they went on for over a year. Doctor never changed prescription, but I stopped taking the prescription. She suggested I take another drug in addition, claiming it would stop the palpitations. When I did not fill the prescription, she later falsely reported in her notes that I did not fill the prescription bc “palpitations stopped.” The doctor saw something on the EKG, but still did not refer me for an indepth exam. I reported this behavior to HMO mbr svcs. My doctor obviously was hiding the side effects I suffered for too long. I am now paying for medical attention w another facility that specializes in cardiology. Don’t know what long-term effects have happened except permanent scarring. I’m having difficulty seeking legal advice. Dr’s and professionals are more likely to be relied on. Medicare Organization examining my records have rubber stamped what doctors have relayed, not my medical records — my mental state is questioned because of my age and blamed me, the patient. My questions have gone unanswered for extended amounts of time.
Maureen Flanagan says
I was treated with 3 different types of chemotherapy for breast cancer about 10 yrs ago. Since then, I have been chronically ill suffering from pain and fatigue. For several years I was 90% bedridden, has to stop working and today I’m about 60% bedridden. I Was never informed that I could possibly be so severely ill after treatment suffering for years and possibly the rest of my life! What can I do?
Philabad says
I have an allergy to sulfa and my doctors are aware. It’s more that I am hypersensitive and symptoms don’t show up immediately which makes it harder to detect. It causes pain in my muscles especially in my legs to begin with. I was diagnosed with fibromyalgia after taking lisinipril and developing the symptoms.This went on for two years until I (not my doctor) figured it out. I stopped the lisinipril hctz and it went away. I found out the hctz (hydrochloridethiazide) had sulfa in it that affected a small percentage of people with sulfa allergies. After taking the hctz I became so disabled that I could no longer work and had to file for early retirement. After stopping the medication my symptoms went away. To make a long story short, this was repeated several times because the doctors or pharmacists didn’t seem to be aware of small amounts of sulfer in drugs (mostly bp meds). At the same time I had hashimotos that the doctors blamed for the symptoms. They even had me believing for a while. I stopped my most recent bp med (dozazosin) after having the same symptom but worse. Guess what after carefully reading the pamphlet that came with it and searching on line, I discovered it also had a moiety of sulfa. I could barely walk and the muscles in my arms also hurt. I have spent most of my last 5 years in bed because these companies don’t clearly state the possibly of sulfa reactions. That’s wrong wrong wrong. I have been off of the last med for 2 weeks. The pain has subsided but my muscles are very weak and shortness of breath. I only pray that I can get them back to normal. By the way, this has ended in me also seeing a cardiologist who (knowing my allergy) prescribed two more sulfa drugs, but with a lot of research discovered, I caught that before I took it. Enough is enough, you greedy pharmaceutical companies and naive doctors.
ed tired says
looking for a consultation on the premise large pharm co. manipulated the market to insure their growth via false narratives , financial suppression of tests and results which would show alternatives to their products.
the company is one of largest in the world
BRYANT C MOORE says
I have really bad high blood pressure now that I have been taking Seroquel. It even has my suicidal thoughts that I have been battling to not harm myself but it isn’t easy. Last I feel like the medicine Seroquel has even caused nerve damage in my left foot close to the heal.
CAWS says
South,
I am so sorry this happened to you. I am also allergic to sulfur. Recently my ENT doctor prescribed Tobramycin after sinus surgery pathology showed it was best specific antibiotic. As always I looked up “Chemistry of what ever drug” . It was listed as HCL so there was no sulfur and I agreed. I used it up my nose for 9 days getting sicker & sicker same symptoms as you. Finally I called the compounding pharmacy and asked them if they had changed the formula when they made sinus wash version of Tobramycin and they said yes they added sulfur! No label or warnings on the bottle. I said what part of allergic to all sulfur did you not understand and they replied they ASSUMED it was only sulfa antibiotics. I had been very clear with them prior to this “NO SULFUR DRUGS OF ANY KIND” . This includes Barium sulfate, magnesium sulfate, morphine sulfate, and in my case even onions & garlic! My other two rules besides looking up the chemistry of every drug & vitamin is to check for lawsuits and go to independent patient based reviews. Only they will tell you about the real benefits and or side effects. Now I guess I have to add carefully question any compounding pharmacies as well. BTW very few if any MDs remember any of the chemistry they took so don’t count on them. I am also over dosed and would now be considered allergic to fluorine which is in 85% of ALL anesthesia [Versed,midazolam, desflurane,isoflurane,mesoflurane, sevoflurane so most anesthesiologists run away … at least until I educate them. BTW my fibromyalgia began with Cipro & Levaquin ; fluorine based antibiotics that destroy connective tissue and prevent replication of DNA {mammals & bacteria } making it a chemo drug. I was an equestrian triathlete now barely mobile.
Lori Horn says
I believe that the FDA no longer works to protect the private citizens/ its original purpose. Instead lobbyists line the pockets of politicians in Washington to push drugs on the market and make false claims this has been done repeatedly. Example fen/ fen weight loss drug that killed and seriously injured womens ability to breathe . Marketed to women. Paid out large sums of money . Was it done no . Regrouped and formed LaRouche company in France ( same people / different company. Class actions law suits are a joke in the U.S.A. I love my country and am so tired of the cat and mouse games that are played with loved ones lives. Please excuse any typos .