Takeda reaches $42M settlement over ADHD drug marketing

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Takeda ADHD settlement overview: 

• Who: Takeda Pharmaceutical Co. subsidiaries Takeda Pharmaceuticals U.S.A., Baxter International, Viropharma Inc., Shire PLC and Takeda Pharmaceuticals America agreed to a settlement with the Texas Attorney General’s Office. 
• Why: The settlement resolved claims the companies improperly marketed the ADHD drug Vyvanse. 
• Where: Takeda reached the settlement with the state of Texas. 

Six subsidiaries of Takeda Pharmaceutical Co. agreed to pay a combined $42 million to resolve claims the drug manufacturers violated the Texas Medicaid Fraud Protection Act (TMFPA) by improperly marketing the ADHD drug Vyvanse. 

The state of Texas claimed the Takeda subsidiaries either directly or indirectly provided nursing and reimbursement services for certain pharma drugs to Medicaid providers in the state, Law360 reports. 

The Takeda subsidiaries, including Takeda Pharmaceuticals U.S.A. and Baxter International, among others, were also accused of paying off clinical nurse educators to refer or recommend Vyvanse to providers between January 2014 and December 2015. 

The Texas Attorney General’s Office says the allegations were initially part of a whistleblower lawsuit that was brought against the Takeda subsidiaries under the TMFPA’s qui tam provisions, Law360 reports. 

Takeda subsidiary Shire previously agreed to settle claims

The four other Takeda subsidiaries in the settlement are Viropharma Inc.; Shire PLC, which reportedly agreed to pay $56.5 million in 2014 to resolve similar claims it improperly marketed an ADHD drug; Baxalta Inc.; and Takeda Pharmaceuticals America.

The Shire settlement, reached with the Department of Justice (DOJ), put to bed claims the company violated the False Claims Act by allegedly improperly promoting and marketing five drugs, including Vyvanse, used to treat ADHD and ulcerative colitis, Law360 reports. 

Takeda had not yet acquired Shire at the time of the 2014 settlement. The acquisition was finalized in January 2019, only eight months after the buy offer was accepted. 

In another case involving Texas, the DOJ filed a lawsuit against the state and its governor Greg Abbott over claims they broke the law by placing a floating barrier in the Rio Grande to try and deter migrants from attempting to cross the border into the state.  

Do you believe the Takeda subsidiaries improperly marketed the ADHD drug Vyvanse? Let us know in the comments. 

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