By Nate Raymond and Ransdell Pierson
Oct 9 (Reuters) - Pfizer Inc has agreed to pay $164 million
to settle a shareholder class action accusing the drug maker of
misrepresenting the clinical trial results for Celebrex.
The settlement was disclosed in court papers filed Friday in
U.S. District Court in New Jersey. The accord came about two
weeks before the company was to go to trial over allegations
that it misled investors by distorting the results of a study of
the arthritis drug.
Christopher Loder, a spokesman for Pfizer, in a statement
Tuesday confirmed Pfizer had reached a settlement. Pfizer
continues to deny wrongdoing, he said.
Patrick Coughlin, a lawyer for the plaintiffs, did not
respond to a request for comment.
Pfizer acquired Pharmacia Corporation, which manufactured
Celebrex, in 2002. Celebrex is Pfizer's fifth biggest-selling
medicine, with annual sales of about $2.5 billion.
In 2003, shareholders sued Pfizer and certain former
officers of Pharmacia for alleged violations of federal
securities laws.
The lawsuits alleged that the defendants from 2000 to 2001
misrepresented the clinical trial results of Celebrex to make
its safety profile appear better than rival drugs.
In 2007, U.S. District Judge Anne Thompson certified the
investor class in the lawsuit. But she subsequently that year
granted a motion by Pfizer to dismiss the case.
The 3rd U.S. Circuit Court of Appeals reinstated the case in
2009. The U.S. Supreme Court denied Pfizer's petition to review
that ruling in May 2010.
Pfizer sought again to have the case dismissed in January,
but Thompson denied the motion in May. A trial was scheduled for
Oct. 22.
Lawyers for the plaintiffs are applying for a contingency
fee of 27.5 percent of the settlement, or $45.1 million.
The case is Alaska Electrical Pension Fund, et al. V.
Pharmacia Corporation, et al., U.S. District Court for the
District of New Jersey, 03-cv-01519.
For the plaintiffs: Patrick Coughlin, Robbins Geller Rudman
& Dowd; Christopher Burke, Scott + Scott; Joseph Rice, Motley
Rice; Robert Sugarman, Sugarman & Susskind; Peter Pearlman, Cohn
Lifland Pearlman Herrmann & Knopf.
For Pfizer: John Dougherty and Michael Hynes, DLA Piper, and
Lynn Neuner and George Wang, Simpson Thacher & Bartlett.
For Fred Hassan: Jonathan Rosenberg, O'Melveny & Myers.
For Carrie Cox: Pamela Chepiga, Allen & Overy.
For G. Steven Geis: Ronald Blum, Manatt, Phelps & Phillips.
(Corrects spelling of Patrick Coughlin, a lawyer for the
plaintiffs.)
Follow us on Twitter @ReutersLegal | Like us on Facebook