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AstraZeneca Seems to Be Winning the War Against Seroquel

By Jim Edwards | Jun 11, 2009

AstraZeneca seems to be winning its war against the 10,000 plaintiffs who claim Seroquel causes weight gain and diabetes. A judge ruled that there was not enough evidence that Seroquel triggered a woman’s diabetes because she was already unhealthy by the time she started taking the drug.

None of the cases alleging that AZ failed to properly warn patients about Seroquel’s side effects has gotten to trial, the company told BNET:

  • AZ has won two summary judgments and a third was withdrawn.
  • In Delaware, 108 cases have been dismissed (about 15 percent).
  • In the federal multidistrict litigation, 1,881 cases (about 23 percent) have been dismissed either by the judge or by plaintiffs themselves.

AZ is also winning the war in the marketplace: sales of Seroquel rose roughly 10 percent in Q1 2009 to $1.1 billion despite terrible publicity surrounding the drug.

And it’s winning the war with regulators. The WSJ reported that an FDA panel agreed Seroquel was safe enough for children.

In today’s case, Judge Joseph Slights III ruled that as a medical expert could not say that Nina Scaife’s diabetes was specifically caused by the drug, her claim against AZ fails.

BNET first noted the decision on May 28; the judge released his full opinion June 9. This was the case in which AZ had argued in large part that because Scaife was black, and as black Americans have higher rates of diabetes, that this — among other reasons — was a more likely explanation of her condition.

Slights’ ruling mostly ignores the race angle (AZ opened its argument with that point) in favor of a close look at Scaife’s health.

Scaife was obese, she smoked, and had several knee surgeries that restricted her movement and caused her to lead a sedentary life. Her weight rose from 136 pounds in 1983 to 212 pounds in 2005, although she got back down to 160 in 2006.

In August 2003, she was prescribed Seroquel, and in 2004 was diagnosed with diabetes after gaining 19 pounds. Her diet consisted of “pasta, rice, doughnuts, slurpies, fish and fries from McDonalds and Burger King, chicken shrimp, and [a] lot of Chinese food.”

Slights ruled that although her diabetes came on after she started taking the drug, medical experts could not demonstrate that the drug was the specific trigger, given the rest of her health picture.

AZ will be particularly cheered by this section of the ruling, where Slights suggests that Seroquel plaintiffs may never be able to prove that the drug causes weight gain and/or diabetes:

Thus far, AZ has been careful to focus its specific causation attack case-by-case. It has yet to argue in motion papers that plaintiffs’ (collectively) specific causation case cannot withstand Daubert scrutiny in any case given the state of the existing science and the consistent physical and medical presentations of the plaintiffs in this litigation. Perhaps, for all concerned, it is time to call that question.

Hat tip to Pharmagossip for noticing that last part.

Jim Edwards, a former managing editor of Adweek, has covered drug marketing at Brandweek for four years, and is a former Knight-Bagehot fellow at Columbia University's business and journalism schools. Follow him on Twitter or send him an email.

BNET User Analysis

Web Buzz:
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    Fierce Pharma - 180 days 14 hours 49 minutes ago

    AstraZeneca has fended off a key Seroquel case. A Delaware judge ruled for the drugmaker, tossing out a lawsuit that claimed the antipsychotic med causes diabetes. The ruling hinged on expert testimony for the plaintiffs; AstraZeneca protested the endocrinologist's opinions, and the judge agreed. The lack of expert evidence then disqualified the...

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    PharmaGossip - 258 days 8 hours 7 minutes ago

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    BNET Pharma - 157 days 8 hours 30 minutes ago

    BNET noted recently that AstraZeneca seemed to be winning the war over whether its antipsychotic Seroquel causes weight gain and diabetes. The company reported that of 10,000 cases none had gotten to trial and a sizeable chunk of the remainder had been dismissed. But plaintiffs’ lawyers told The AmLaw Litigation Daily that AZ is fooling itself...

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    BNET Pharma - 299 days 11 hours 58 minutes ago

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  • AstraZeneca - Seroquel: summary judgement

    PharmaGossip - 181 days 6 hours 35 minutes ago

    A Delaware judge has ruled in favor of drugmaker AstraZeneca in a lawsuit claiming that the company's anti-psychotic drug Seroquel causes diabetes. In a one-paragraph ruling issued Tuesday, Judge Joseph Slights III in Wilmington granted the company's request to exclude testimony from a medical expert for a Kansas woman who claimed that...

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