Procrit Home About This Drug Injuries and Warnings Who's to Blame Your Legal Rights Frequently Asked Questions Free Evaluation
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Last updated September 24, 2007

WHO'S TO BLAME?

Who's to blame for the injuries and deaths caused by Aranesp? In short, the drug company is to blame.

Aranesp was on the market for years before the life-threatening risks associated with it were made public. Amgen misled the public and encouraged the use of Aranesp in ways not approved by the FDA. All of this was done with complete indifference to the rights and safety of the patients. As Aranesp sales increased, so did the number of Aranesp patients suffering from early death and life-threatening injuries.

DECEPTIVE ADVERTISING

Amgen promoted Aranesp for off-label use and engaged in deceptive advertising. In their promotional and advertising materials, in their marketing tactics in face-to-face meetings with physicians, and in their press releases, Amgen misled doctors and patients by withholding information and suggesting false information about the safety of Aranesp.

Amgen was also promoting and marketing Aranesp as a treatment for the fatigue associated with chemotherapy. Aranesp is not FDA-approved to treat fatigue. This marketing and advertising was not only illegal, but also unethical because their claims that Aranesp was an effective treatment for fatigue were not substantiated by medical research. What little medical evidence there was, was mostly funded by Amgen itself.

Physicians at M.D. Anderson Cancer Center in Houston conducted an independent study which was published in the Journal of Palliative Medicine. The researchers concluded that anemia is not a major cause of fatigue in cancer patients on chemotherapy. Journal editor Charles von Gunten stated that "these data will help physicians resist the patient and family pressure to use erythropoietin because they saw it on television ... Erythropoietin is ineffective in relieving fatigue if anemia is not the cause. It is an expensive placebo."

Amgen intentionally misled the medical community and consumers in an effort to increase their sales and income, showing complete indifference to the health and safety of the patients who were taking Aranesp.

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RIVALRY BETWEEN THE DRUG COMPANIES

When Procrit was still being developed, Amgen licensed the drug to Johnson & Johnson, keeping Epogen for itself. The idea was that Procrit would be marketed for patients with chronic kidney failure who were not on dialysis and Epogen would be marketed for dialysis patients. By keeping the dialysis market for itself, Amgen clearly meant to corner the larger market. As it turns out, Procrit was then approved for use in cancer patients, HIV patients, and patients undergoing major surgery. This exceeded the dialysis market. So, Amgen developed a new longer-acting ESA, Aranesp, which was approved by the FDA in 2001.

Amgen subsequently launched a massive marketing campaign that included direct-to-consumer television commercials to promote the use of Aranesp for treating fatigue related to chemotherapy. Johnson & Johnson responded with its own advertising campaign. Patient demand for the drugs soared.

In 2005, Ortho Biotech (Johnson & Johnson subsidiary that markets Procrit) filed an anti-trust lawsuit against Amgen. They claimed that Amgen was using illegal marketing practices to try to force Procrit out of the market. Amgen sells the ESAs Aranesp and Epogen. They also sell Neupogen and Neulasta, which are used for chemotherapy patients. Amgen has a virtual monopoly on this type of drug. According to the lawsuit, Amgen was informing cancer clinics that the only way they could continue to receive Neupogen and Neulasta at a discounted price was if they also agreed to buy Aranesp. This left clinics and providers with only one economically feasible option - to buy Aranesp rather than Procrit. This is referred to as an anti-competitive tying arrangement and is unlawful.

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PLACING PROFITS OVER PATIENTS

Competition in the pharmaceutical world is fierce. Drug companies are so eager to get the next drug out on the market, they are often willing to overlook and sometimes even cover up, problems with the drug. New drugs are introduced prematurely without adequate testing and warnings, resulting in tragic losses that could have been avoided if the drug company had taken more time to test and develop the drug, and provided adequate warnings about its use.

Aranesp is no exception. The pharmaceutical company failed to adequately test the drug before and after it was on the market, they failed to warn patients and doctors about the risks involved with taking Aranesp. Once on the market, the pharmaceutical company used cheating, bullying and deception in an attempt to increase their sales. Their priority was clearly to make money rather than to protect the patients taking their medications. Many Aranesp patients were harmed as a result.

The Law Firm of Howard L. Nations represents people who have been harmed by Procrit, Epogen, or Aranesp. If you or someone you know has suffered serious side effects from taking these medications, please contact our offices for a free case evaluation by one of our experienced pharmaceutical attorneys.

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