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Case ID: 4618 | Drugs / Medical | 02/06/2006
Federal Judge Patti B. Saris in Boston claims Johnson & Johnson, Bristol-Myers Squibb Co., AstraZeneca Plc and GlaxoSmithKline Plc must face a class-action lawsuit from consumers who say they were harmed by the way the companies charged for their drugs.
Judge Saris states she will certify a nationwide class action for people who paid even a small portion of the cost of the companies' medicines, whose prices were set using the Average Wholesale Price (AWP) formula. She rejected a motion to include drugs made by Schering-Plough Corp., saying plaintiffs had not come up with anyone using its drugs who was harmed by AWP. The government used average wholesale prices as reported by drug companies to set reimbursements from federal health programs. Plaintiffs claim drugmakers artificially inflated the figures to consumers and third-party payers. The drug companies face having to repay hundreds of millions of dollars if they are found to have over charged. Saris told a courtroom filled with lawyers representing dozens of companies, as well as the consumer groups who filed the suit.``I find there is fair and adequate representation,'' for a class action suit for the four companies. The case was filed in the U.S. District Court for the District of Massachusetts. 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 A settlement valued at 65 Million dollars has been reached in the consolidated action concerning alleged efforts by drug manufacturer Smith Kline Beecham to delay or impede the release of generic versions of the antidepressant drug Paxil, in order to continue selling the name brand drug at higher cost. On November 18, 2004 court ordered notification of potential claimainst began. Notices will be mailed, and are scheduled to appear in newspapers and magazines all over the United States, leading up to a hearing on March 9, 2005, when the Court will consider whether to approve the settlement. A class action has been filed against drug manufacturer Impax Laboratories, Inc. (Nasdaq:IPXL) and certain of its officers and directors by stockholders who purchased the company’s common stock between May 5, 2004 and November 3, 2004. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company’s securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. Several class actions have been filed against medical products and services company Cardinal Health, Inc., (NYSE:CAH) and certain of its officers and directors by stockholders who purchased the company's common stock between October 24, 2000, and June 30, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. A class action lawsuit has been filed in the Eastern District Court of Texas against Christus Southeast for violations of the Fair Debt Collection Practices Act (FDCPA) and for charging uninsured patients unreasonable costs compared to patients with insurance. Class members seek injunctive and declaratory relief as well as compensatory damages, attorneys’ fees and costs of the litigation. A class-action lawsuit was filed against Hilton Head Regional Medical Center by patients seeking to recoup costs and damages for cardiac procedures forbidden by the state. Three Beaufort County, S.C. residents filed the suit, saying they are among patients who received "hundreds of unlawful heart catheterizations" at the hospital between 1997 and 2000. The suit identified the plaintiffs as Robert J. Dema, Edward M. Finn and Joyce E. Gadson, as well as other unnamed patients who received the procedures. Bristol-Myers Squibb confirms that the antibiotic Tequin, which has been linked to serious blood sugar complications, is being taken off the market. The company will stop making and selling the drug and return its rights to Kyorin Pharmaceutical Company in Japan. |
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