Bailey Peavy Bailey office

News

State Of Mississippi Thwarts Appeal Attempt By Seroquel Maker

Jul 21, 2014

The Mississippi Supreme Court last Friday rejected an appeal by AstraZeneca Pharmaceuticals L.P. and related defendants, makers of the powerful antipsychotic drug Seroquel, in which the drug maker attempted to have thrown out of court a consumer rights action brought by Mississippi Attorney General Jim Hood on behalf of the State of Mississippi (the “State”). The high court wrote in its July 16, 2014 order that AstraZeneca’s petition for interlocutory appeal and for a stay of the litigation while appeal was pending were “not well taken and should be denied.”

In the rejected appeal, AstraZeneca argued to the Mississippi Supreme Court that the State’s consumer protection case violated AstraZeneca’s First Amendment rights to promote its drug Seroquel, and also that the State was required to plead and prove irreparable harm in order to secure an injunction against AstraZeneca. The State alleges in the underlying case that AstraZeneca falsely and deceptively promoted and marketed Seroquel to Mississippi doctors and patients without revealing serious health risks associated with the drug. The State successfully argued that AstraZeneca’s First Amendment contentions were without merit under existing United States Supreme Court and Mississippi Supreme Court precedent, and that AstraZeneca had misinterpreted the scope of the Mississippi Attorney General’s powers to seek injunctive relief.

The case is Hood v. AstraZeneca Pharmaceuticals L.P., et al., No. 61CH:11-cv-02255, pending in the Rankin County Chancery Court. The State is represented by the Office of the Attorney General, as well as the law firms of Bailey Peavy Bailey PLLC in Houston, Texas and McCraney Montagnet Quin & Noble PLLC of Ridgeland, Mississippi.

Categories: Legal News

Commitment to Our Clients

  • 01 Highest quality
    & ethical
    legal services
  • 02 Focus on each
    case as if it
    were our own
  • 03 Strive for
    excellence in keeping
    clients informed
  • 04 Erase any
    doubts clients have
    in their case
  • 05 Work hard to
    earn the trust
    of our clients
How we fight for you

Hear from Our Clients

At BPB, we are proud of the representation that we provide to our clients—the financial compensation that we have won on their behalf and the way we have protected their rights. If you would like to hear what they think of our national trial attorneys, straight from their mouths, please take a minute to watch the videos below.

  • Aubry Campbell
  • Sherrie Moore
  • Loretta Lamont
  • Ava Campbell
  • Pat Chiacchio
  • Doris Hamblett