Written by Brendan Pearson
(Reuters) – A Hawaii judge on Tuesday ordered Bristol-Myers (NYSE:) Squibb Inc Sanofi (NASDAQ:) to pay more than $916 million to the state for failing to warn nonwhite patients about health risks from the blood-thinner Plavix, up from a previous judgment of $834 million.
The ruling by Judge James Ashford (NYSE:), of the First Circuit Court of Hawaii, followed a non-jury trial held last fall. This was the second trial in the case, after the state Supreme Court found that the judge in the first trial that resulted in the $834 million verdict had made an error of law.
“Once actually received from the state's general fund, I expect this award will provide greater health care services for the people of Hawaii,” Democratic Gov. Josh Green said in a statement.
France-based Sanofi and US pharmaceutical company Bristol Myers said in a joint statement that they did not agree with the decision and would appeal. “The overwhelming body of scientific evidence shows that Plavix is a safe and effective treatment, regardless of a patient’s race or genetics,” they said.
Hawaii alleged that the companies violated state consumer protection laws by marketing Plavix without disclosing that the drug could have little or no effect on some people, especially those of East Asian and Pacific Islander descent.
Plavix, commonly known as clopidogrel, is prescribed to prevent blood clots that can lead to strokes and heart attacks. Blood thinners must be activated by the body's own enzymes, which can vary genetically.
Studies have shown that about 14% of Chinese patients are unable to metabolize the drug properly, compared to 4% of black patients and 2% of white patients.
In 2010, the FDA issued a warning label for Plavix to reflect that information.
Bristol-Myers and Sanofi still face a similar lawsuit over Plavix by the state of New Mexico.