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Case ID: 2716 | Drugs / Medical | 09/08/2004
The class has been certified in a class action filed against pharmaceutical benefits manager PCS Health Systems, Inc. on behalf of Oxford Health Plans, Inc. participants who allege that PCS failed to pass on drug rebates and discounts in violation of the federal Employee Retirement Income Security Act (ERISA) from March 5, 1995, to March 5, 1998. The action seeks unspecified compensatory damages and disgorgement of all profits illicitly gained by the scheme.
Named plaintiff Ed Mulder participated in an employer-sponsored health plan administered by an Oxford HMO. Oxford, like some 1,250 other health insurers, HMOs, and self-funded employee health plans, contracted with PCS to act as pharmaceutical benefits manager. Mr. Mulder filed the action against PCS after PCS switched his cholesterol-reducing prescription to a more expensive drug. The action alleges that PCS breached its fiduciary duties under the Employee Retirement Income Security Act by: (1) entering into contracts with employee benefit plans, HMOs, and insurance companies to secure illegal windfall profits for PCS; (2) implementing programs to influence pharmacists and physicians to switch the drugs of plan participants; and (3) utilizing a method of determining formulary and preferred drugs that did not serve the best interests of plan participants.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Drugs / Medical Cases of Interest Bonds are normally a very safe investment vehicle. Several class actions have been filed against numerous parties connected to eleven municipal bond offerings in California, Florida, Illinois, and Texas on behalf of persons who purchased the bonds between December 1996 and March 1999. The $130,000,000+ in bonds related to Heritage Healthcare, were to be used to acquire, renovate, and reopen former hospitals in the states as facilities designed to assist elderly persons-- instead, the funds were allegedly diverted and misused so that all of the facilities went into bankruptcy shortly after the bond offerings. A class action has been filed against pharmaceutical manufacturer Pfizer, Inc., Parke-Davis, and Warner-Lambert Company on behalf of persons who paid out-of-pocket expenses for the drug Neurontin (gabapentin), who allege that the companies harmed consumers, by conspiring to circumvent drug approval regulations set up by the U.S. Food and Drug Administration (FDA), and promoting scientifically unproven "off-label" use of the drug, in violation of the federal Racketeer Influenced and Corrupt Organizations Act. A class action has been filed against Washington Hospital Center for failing to provide a reasonable volume of free or reduced priced medical care to poor, uninsured patients and from conditioning emergency treatment on a patient's payment or ability to pay agreement. Kahn Gauthier Swick is investigating claims against pharmaceutical company Pharmacia on behalf of patients who have been prescribed the painkiller Bextra (valdecoxib) and later suffered side effects such as heart attack, stroke, severe skin reaction, or other adverse effects. Bextra, a COX-2 inhibitor, was approved by the federal Food and Drug Administration (FDA) on November 16, 2001, and was marketed in March, 2002. It can be prescribed for osteoarthritis, adult rheumatoid arthritis, and primary dysmennorhea. A nationwide class action has been filed against the manufacturer of weight-loss supplement CortiSlim, Window Rock Health Laboratories, Inc., on behalf of all purchasers of the supplement, who allege that the company has used false, deceptive, and misleading advertising to sell its products in violation of California consumer protection laws. Kahn Gauthier Swick is investigating possible legal actions against Hoffman-La Roche, Inc., manufacturer of the prescription acne drug Accutane, to recover for psychological damage--sometimes leading to suicide--suffered by Accutane users. |
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