McKool Smith and The Lanier Law Firm, along with Texas Attorney General Ken Paxton, have filed a lawsuit on behalf of the State of Texas against Bristol-Myers Squibb Company and several Sanofi entities, alleging the companies failed to disclose the efficacy and safety profile of the drug Plavix, which is used as a blood thinner.  

According to the complaint, the pharmaceutical manufacturers violated the Texas Deceptive Trade Practices–Consumer Protection Act (DTPA) by not disclosing that Plavix had a diminished or no effect on many patients, particularly those from Black, East Asian and/or Pacific Islander backgrounds, due to genetic factors affecting drug metabolism.

The lawsuit further alleges that the companies’ actions violated the Texas Healthcare Program Fraud Prevention Act (THFPA), resulting in minority patients being prescribed a medication that was substantially inadequate or inappropriate. As a consequence, millions of Texans were improperly prescribed Plavix, unnecessarily putting their lives at risk while wasting billions of dollars from taxpayer-funded healthcare programmes like Texas Medicaid.

"The defendants promoted a medication that was supposed to save lives. In truth, however, Plavix provided no therapeutic benefits to many patients, including patients who had the highest risk of cardiovascular disease and death. This lawsuit marks an important step towards accountability. It is a privilege to represent the State of Texas in this important case,” said McKool Smith Principal Radu Lelutiu.  

The McKool Smith legal team also includes Principals Jennifer Truelove, Rick Halper, John Briody, Rachael Jones and Sam Baxter and Senior Counsel Ayana Rivers. The State of Texas is also represented by co-counsel from The Lanier Law Firm.

Mark Lanier, founder of The Lanier Law Firm, added, "For over a decade, these pharmaceutical companies put profits over people.  They knew Plavix didn't work for many patients—especially minority patients who already face disproportionate risks of heart disease and stroke—but defendants hid that information to protect their bottom line. Texans trusted these companies with their lives, and that trust was betrayed."