Published February 22. 2014 09:00AM
Attorney General Kathleen G. Kane announced that Pennsylvania's share of a multi-million dollar global settlement with Endo Pharmaceuticals - a wholly owned subsidiary of Endo Health Solutions (Endo) - will be $1.6 million.
The settlement resolves civil allegations of unlawful marketing practices aimed at promoting the drug Lidoderm for conditions not approved by the Food and Drug Administration (FDA). The FDA approved Lidoderm only for the treatment of pain associated with post-herpetic neuralgia, more commonly known as "shingles."According to the whistleblower lawsuit, Endo unlawfully marketed Lidoderm for use in connection with lower back pain or chronic pain, which were not medically accepted indications and were not covered by the Pennsylvania Medicaid Program.Under the terms of the civil settlement, Endo will pay a total of $172.9 million to other states and the federal government and a $20 million criminal fine. Endo will also enter into a Deferred Prosecution Agreement with the Northern District of New York and a Corporate Integrity Agreement with the Department of Health and Human Service's Office of the Inspector General.The lawsuit was filed in the Eastern District of Pennsylvania. under the provisions of the federal False Claims Act and analogous state False Claims statutes.