December Newsletter/Immigration Update

Immigration Update

Earlier this week, the U.S. Supreme Court announced that it has agreed to review the decision of the U.S. Court of Appeals for the Ninth Circuit striking down portions of the State of Arizona’s immigration law.

My office, along with 10 other Attorneys General, asked that the U.S. Supreme Court review the fundamental question of preemption which was raised in the State of Arizona’s lawsuit. I am pleased that the Court recognizes the great uncertainty that exists in the states due to this question and has agreed to review Arizona’s jurisdiction to enforce federal immigration laws. It is appropriate that an issue of this gravity be decided by our highest Court, and I look forward to the Court’s guidance on the ability of the states to encourage compliance with federal immigration laws.

Prescription Drug Public Service Announcement

I am pleased to launch a Public Service Announcement warning parents to talk to their children about the dangers of abusing prescription drugs.  While we are aware of the dangers of illegal drugs, we often overlook the fact that prescription drugs contribute to 11,000 deaths nationwide annually; and more than 500 annual deaths in Georgia alone. To view the PSA, click below.

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Georgia Engages in Battle Against Cell Phone Robo Calls

My office has joined with 53 other attorneys general in asking Congress to oppose legislation targeting consumers’ telephone privacy.  The “Mobile Informational Call Act of 2011” (H.R. 3035) would amend the Communications Act of 1934 and allow for robo-calling to all cell phones and force consumers to pay for the calls.

For example, debt collectors and other businesses could place automated “informational” calls to cell phones, impacting those who pay by the minute or have a limited number of minutes available.

In addition, since businesses frequently have the wrong contact information, consumers could be receiving and paying for repeated robo-calls on their cell phones to accounts that are not their own.

This legislation would narrow the definition of what constitutes an illegal “automatic telephone dialing system.” If passed, the new definition would only prohibit “random or sequential number generators” which means “targeted” calls would be permitted.

Currently, federal law allows robo-calls to be placed to individuals who have given their explicit consent to receive them or in case of an emergency. If this federal legislation passes, the law will be expanded to allow businesses to robo-call any consumer who has provided their telephone number in the course of a transaction – regardless of whether a consumer asks not to be contacted.

In the letter, we also pointed out that an increase in calls to mobile phones could present a hazard to drivers who may become distracted. A 2009 study by the National Highway Traffic Safety Administration found that cell phone use was involved in 995 or 18 percent of fatalities in distraction-related crashes.

The proposal is currently being considered in the U.S. House Committee on Energy and Commerce, the first step in the legislative process. Citizens can also voice their opinion on the proposal by contacting their representative or by voting on Popvox’s nonpartisan website. Popvox will also forward consumers’ comments to members of Congress.

Merck to Pay Georgia Medicaid More Than $15 Million to Settle Vioxx Claims

Merck Sharp & Dohme Corporation (Merck) has settled the Vioxx lawsuit with the state of Georgia, 42 other states and the federal government. Merck will be paying $15 million to settle civil and criminal allegations by Georgia Medicaid that Merck made false and misleading representations about its drug Vioxx.

Specifically, the allegations claim that Merck marketed Vioxx for uses not approved by the United States Food and Drug Administration (FDA) and misrepresented the cardiovascular safety issues relating to the drug.

Merck will pay the states and the federal government a total of $615 million in civil damages and penalties to compensate Medicaid, Medicare and other federal healthcare programs for harm suffered as a result of this conduct. Georgia Medicaid will receive $15,648,300.46 in state and federal dollars and the state portion of that amount is $6,822,077.81.

In addition, Merck has agreed to plead guilty to a violation of the Food, Drug, and Cosmetic Act and to pay a criminal fine and forfeiture of more than $300 million. The criminal component of the resolution centers on the illegal marketing and promotion of Vioxx for the treatment of rheumatoid arthritis. Vioxx was introduced into the market in 1999 but was not approved by the FDA as an indication for rheumatoid arthritis until 2002.

The civil settlements are contingent upon the acceptance of Merck’s guilty plea by the U.S. District Court for the District of Massachusetts. A hearing date for this proceeding has not yet been scheduled.

Vioxx is a non-steroidal anti-inflammatory medication that was approved by the FDA in 1999 for the treatment of osteoarthritis, acute pain conditions and dysmenorrhea. On September 30, 2004, Merck voluntarily withdrew Vioxx from the market worldwide, citing an increase in the incidence of adverse cardiovascular events in patients taking Vioxx.

The State of Georgia alleges that Merck made false representations concerning the safety of Vioxx to its Medicaid program, and the Medicaid program relied on that information to its detriment in making formulary and prior authorization decisions with respect to the drug.

Georgia also alleges that Merck made false or misleading representations about Vioxx in its marketing, advertising and promotion of the drug that caused physicians to write prescriptions or Vioxx that they otherwise would not have written, and thereby caused the Medicaid program to pay for prescriptions that should not have been reimbursed.

Around the State

I have had the pleasure of speaking to the bar association in both Tifton and Rome recently.

To view related coverage click here.

I also had the honor of speaking to the National Association of Attorneys General Meeting in San Antonio and at  ”A Future, Not A Past”, a townhall meeting for the nonprofit, statewide campaign to stop sex trafficking in Georgia.

Thank you for the honor of serving as your Attorney General.

Sincerely yours,

Sam Olens
Georgia Attorney General