British drug maker files suit against Caldwell

GlaxoSmithKline is suing Louisiana Attorney General Buddy Caldwell for using private plaintiff’s attorneys—including two lawyers who worked on his re-election campaign—to represent the state in its lawsuit against the British drug maker. Caldwell joined other states in filing suit against GSK early last year for allegedly hiding harmful side effects of its diabetes drug Avandia. According to the GSK suit, filed this morning in district court, Caldwell is violating the company’s due process rights by using private contingency counsel to represent the interests of the state in the Avandia litigation. “The problem with having private contingency counsel is, they are about making money, and that is an inherent conflict of interest,” says P.D. Villarreal, senior vice president-global litigation for GSK. “We are entitled to be sued by the state of Louisiana … but not by people who are just out to make money.” Specifically, the suit alleges that Caldwell violated Louisiana law by hiring New Orleans plaintiff’s attorney Allan Kanner without going through the legally required procurement process for a professional services contract. According to the suit, Kanner subsequently subcontracted some of the legal work out to two attorneys connected to Caldwell’s re-election campaign: Wade Shows, who served as Caldwell’s campaign treasurer, and Allen Usry, whom the suit identifies as Caldwell’s campaign chief. Caldwell’s office declined to comment on the specific allegations except to say in a written response: “We have total confidence in the procedures relied upon to institute this important work for the state.” —Stephanie Riegel