MILSTEIN, ADELMAN & KREGER, LLP AND KANNER & WHITELEY, LLC REPORT CLASS ACTION LAWSUIT CONCERNING GENERIC ANTI-DEPRESSANT AGAINST TEVA PHARMACEUTICALS USA, INC., IMPAX LABORATORIES, INC., AND ANCHEN PHARMACEUTICALS, INC.
LOS ANGELES (July 2, 2009)-- On May 29, 2009, the law firms of Milstein Adelman & Kreger along with Kanner & Whiteley filed suit in Los Angeles Superior Court against three drug manufacturers regarding the companies’ extended release version of the anti-depressant Wellbutrin, known as “Budeprion XL.” Similar actions have been filed in Pennsylvania, Louisiana, North Carolina, and Texas.
Since Budeprion XL’s introduction in 2006, numerous consumers who had previously been treated with Wellbutrin XL reported adverse side effects upon switching to Budeprion XL, including headaches, insomnia, nausea, and mood swings. Many patients also reported a loss of antidepressive effect. Patients who thereafter switched back to Wellbutrin XL or an alternative generic (such as Bupropion XL manufactured by Watson Pharmaceuticals) saw a return of the antidepressive effect and lessening of side effects.
The lawsuit alleges that the manufacturers of Budeprion XL misrepresented and omitted important information regarding differences in the generic drug’s formulation and active ingredient release rate which have the potential for serious complications. Plaintiffs contend that these differences between Budeprion and Wellbutrin carry the increased potential for adverse side effects and the decreased likelihood in the drug’s effectiveness.
Despite knowledge of these differences, the drug companies made assertions that Budeprion XL was identical to Wellbutrin XL. Additionally, the drug companies disseminated false information to patients and their physicians. Examples of these misrepresentations include:
• Claiming that the time to peak plasma concentration (Tmax) of bupropion hydrochloride after ingesting Budeprion XL is identical to that in Wellbutrin XL, when studies have confirmed that the Tmax for Budeprion XL is less than one-half of that for Wellbutrin XL;
• Claiming that Budeprion XL did not carry with it a risk of dose dumping when taken with food, though reports have indicated that food may increase chance for toxicity;
• Claiming that human studies were done comparing Budeprion XL to Wellbutrin, when in fact no such studies were done; and
• Claiming that the peak plasma of other key metabolites was equivalent to that found in Wellbutrin, when in fact no studies were done.
As a result of these misrepresentations, doctors do not have the information necessary to treat their patients. Moreover, consumers are misled into believing they are getting a pill identical to Wellbutrin, when this is not in fact true.
By the end of 2007, bupropion hydrochloride was the fourth-most prescribed anti-depressant in the United States, with over 20 million retail prescriptions. Data from this time shows that approximately 400,000 patients nationwide utilized Budeprion XL.
Plaintiffs are seeking monetary damages and an injunction forcing the companies to stop making false assertions regarding Budeprion XL’s efficacy.
More information about the lawsuit can be found at http://www.budeprionclassaction.com/. Consumers who have been harmed by Budeprion XL are encouraged to share their story and contact class counsel.