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Plaintiffs' Lawyers Find New Clients in Pharmaceutical Cases
For years, Hersh & Hersh ('H&H') has represented hundreds of users of a top-selling anti-psychotic drug in suits against its maker. Now the firm is taking on bigger clients against the same company: states that say they've been footing the public health costs from the drug. H&H's first such client against pharmaceutical giant Eli Lilly & Co. is the state of New Mexico, which claims it spent about $18 million on Zyprexa'-related medical expenses between 1999 and 2005.
The 10-lawyer San Francisco plaintiffs' firm is taking on overhead to handle an expected uptick in work as more and more states ' which spend millions on the drug through Medicaid programs ' file suit. Although it can be a politically controversial move, states are hiring private law firms to represent them ' some on a contingency basis, some not.
Seven states have filed Medicaid cost recovery suits against Eli Lilly over the way it promoted Zyprexa. These include Louisiana, Mississippi, West Virginia and, most recently, Pennsylvania. Others are gearing up to do the same. Alaska is expected to be the first to go to trial, in an Anchorage court next year.
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