Law360 quoted Peter J. Goss in its analysis of the recent $71 million settlement between Amgen and the Attorneys General of 48 states and the District of Columbia over alleged off-label marketing of two of the company’s blockbuster drugs, Enbrel and Aranesp. Goss commented that the settlement was driven by a December 2012 settlement of essentially the same allegations with the U.S. Department of Justice: “At the point of such a federal settlement, it was a foregone conclusion that Amgen would have to deal with the states separately and that there probably would need to be a settlement with them separately.” Goss also noted that a recent New York federal court’s ruling that the FDA may not prohibit truthful scientific statements about off-label indications came too late to help Amgen in its litigation with the states. “I think that by the time you’ve settled with the federal government, it’s difficult to go to the states and say, ‘No we’re going to litigate each one of your cases separately,’” Goss said. The article is available to Law360 subscribers here.
Mr. Goss focuses his national practice on pharmaceutical and medical device product liability litigation and toxic torts. He has represented global pharmaceutical, medical technology, and chemical firms in hundreds of cases. Mr. Goss often serves as “science counsel” in life sciences litigation. He collaborates with leading experts to present complex medical and scientific evidence, both in dispositive motions and at trial. He is a frequent commentator on scientific evidence, products liability, and legal developments of interest to FDA-regulated industries.
Blackwell Burke P.A., a litigation and trial boutique in Minneapolis, Minnesota, serves as national trial and litigation counsel for numerous Fortune 500 companies. The firm has extensive experience in class action defense, commercial litigation, food industry defense, labor and employment, and products liability. The firm has represented corporate clients in state and federal courts throughout the country and in several foreign jurisdictions.