UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS ...i.bnet.com/blogs/bluevpfizer.pdf · BLUE SHIELD OF NEW MEXICO, and BLUE CROSS BLUE SHIELD OF OKLAHOMA Plaintiff, VS. MARK
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS HEALTH CARE SERVICE CORPORATION, a MUTUAL LEGAL RESERVE COMPANY operating through its divisions as BLUE CROSS BLUE SHIELD OF ILLINOIS, BLUE CROSS BLUE SHIELD OF TEXAS, BLUE CROSS BLUE SHIELD OF NEW MEXICO, and BLUE CROSS BLUE SHIELD OF OKLAHOMA Plaintiff, VS. MARK BROWN, RICH BURCH, JAKE FRIEDMAN, MATTHEW LUSTIG, PHARMACIA & UPJOHN, INC., and PFIZER, INC. Defendants. § § § § CIVIL ACTION NO. _ § § § § § § § § § § § § § § § § § JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT I. NECESSITY OF ACTION 1. Health Care Service Corporation, a Mutual Legal Reserve Company ("HCSC") seeks damages resulting from Defendants' deceptive sale and marketing of three drugs: (1) Bextra (anti-inflammatory), (2) Geodon (anti-psychotic), and (3) Lyrica (anti- epileptic). For all three drugs, Defendants employed deceptive marketing strategies that involved unlawful (1) off-label marketing; (2) dissemination of misleading information regarding the respective drug's safety and efficacy; and (3) payment of illegal kickbacks to health care professionals to induce them to promote and prescribe these drugs. 2. Defendants' conduct has adversely affected HCSC. HCSC acts as a payor of its participants' prescriptions for drugs pursuant to their respective health plans. PLAINTIFF'S COMPLAINT Page 1 of 48 Case 2:10-cv-00189-TJW Document 1 Filed 06/04/10 Page 1 of 48
