Navigation Links
Hagens Berman: Eleven Defendants Settle in Average Wholesale Price Litigation

Two major defendants - AstraZeneca and Bristol-Myers Squib - not part of


BOSTON, March 7 /PRNewswire/ -- Today eleven major pharmaceutical companies, including Abbott Laboratories (NYSE: ABT) and Watson Pharmaceuticals (NYSE: WPI), agreed to a $125 million nationwide settlement in the average wholesale price (AWP) litigation filed in 2002 by consumers and insurance companies, which claimed the defendants intentionally inflated reports of the average wholesale prices on certain prescription drugs.

The published AWP is used to set the price that consumers making Medicare Part B co-payments and Medicare pay for the drug, as well as insurance companies and other third-party payors. The lawsuit contends that consumers and third-party payors paid more than they should because of the drug companies' false AWP reporting.

Seattle-based Hagens Berman, co-lead counsel in the case, announced today's settlement which includes branded and generic drugs used primarily in the treatment of cancer, HIV and other serious illnesses. Under the terms of the settlement 82.5 percent of the settlement fund is designated for third-party payors' claims and the remaining 17.5 percent is designated for consumer claims.

"This is a very good settlement for third-party payors and consumers," said Steve Berman, Hagens Berman managing partner. "The battle isn't over yet, but every settlement signifies that our claims are just and these drug companies have many years of damage to repay to drug purchasers."

The defendants included in today's settlement are Abbott Laboratories, Amgen Inc., Aventis Pharmaceuticals Inc., Hoechst Marion Roussel, Baxter Healthcare Corp., Baxter International Inc., Bayer Corporation, Dey, Inc., Fujisawa Healthcare, Inc., Fujisawa USA, Inc., Immunex Corporation, Pharmacia Corporation, Pharmacia & Upjohn LLC, Sicor, Inc., Gensia, Inc., Gensia Sicor Pharmaceuticals, Inc., Watson Pharmaceuticals, Inc., and ZLB Behring, L.L.C.

Drugs covered in this settlement include Aranesp, Epogen, Neupogen, Neulasta, Anzemet, Ferrlecit and Infed.

Medicare Part B recipients eligible to participate in the settlement will receive a mailing outlining claim procedures. The class includes anyone who reimbursed any portion of an insured's Medicare Part B co-payment between Jan. 1, 1991 through Jan. 1, 2005 or those who made reimbursements outside of Medicare Part B for any of the named drugs from Jan 1, 1991 through March 1, 2008. The court will hold a final hearing to approve all settlement details.

Other settlements in the AWP case came in August of 2006 when GlaxoSmithKline agreed to a nationwide $70 million settlement and May of 2007 when AstraZeneca agreed to a $24 million settlement to Medicare Part B Zoladex users nationwide. After a trial, the court in November 2007 ordered AstraZeneca and Bristol-Myers Squibb to pay nearly $14 million to insurance companies and consumers in Massachusetts for the companies' roles in unfair trade practices.

The court is expected to set a trial date for remaining claims against AstraZeneca and BMS on behalf of insurance companies and consumers outside of Massachusetts.

About Hagens Berman

Hagens Berman, formerly Hagens Berman Sobol Shapiro, is based in Seattle with offices in Chicago, Cambridge, Los Angeles, Phoenix and San Francisco. Since 1993, it has developed a nationally recognized practice in class-action and complex litigation. Among recent successes, HBSS has negotiated a $300 million settlement in the DRAM memory antitrust litigation; a $340 million recovery on behalf of Enron employees; a $150 million settlement involving charges of illegally inflated charges for the drug Lupron, and served as co-counsel on the Visa/Mastercard litigation which resulted in a $3 billion settlement, the largest anti-trust settlement to date. HBSS served as counsel in a $850 million Washington Public Power Supply settlement and represented Washington and 12 other states against the tobacco industry that resulted in the largest settlement in history. For a complete listing of HBSS cases, visit


Steve Berman (206) 623-7292

Hagens Berman

Mark Firmani (206) 443-9357

Firmani + Associates Inc.

SOURCE Hagens Berman
Copyright©2008 PR Newswire.
All rights reserved

Related medicine news :

1. Rulings Send Lawsuits Against State Farm, American Family Back to Court, Hagens Berman Sobol Shapiro Announces
2. Hagens Berman Sobol Shapiro: Judge Orders Double Damages, Issues Stinging Rebuke in Average Wholesale Price Case
3. Hagens Berman Sobol Shapiro Announces Investigation Into Marketing of Vytorin and Zetia
4. CORRECTED: Hagens Berman Sobol Shapiro Files Suit Against Merck and Schering-Plough
5. Anatomist Dr. Gunther von Hagens Clarifies: Plastinates Not For Sale
6. Eleven Florida Nonprofit Organizations to Receive Grants Totaling Nearly $1 Million From The Blue Foundation
7. Time Domain Adds Eleven Partners to its Channel Reseller Network of PLUS(TM) Ultra Wideband Solutions Providers
8. Claim Filed Against the Company and Nine Other Defendants in the Haifa Magistrates Court
9. Nine Miami Defendants in Strike Force Cases Sentenced for $56.5 Million in Medicare Fraud
10. Dana Corporation, Inc. Enters Into Settlement Agreement With Dana Retiree Committee
11. MaxLife Fund Corp. purchases a portfolio of Life Settlement Policies with a face value of $4,000,000
Post Your Comments:
(Date:11/30/2015)... , ... November 30, 2015 , ... The world of ... harvesting and follicular unit extraction. These techniques and procedures have been in use for ... from hair loss. While Dr. Parsa Mohebi, M.D. has utilized many of these methods ...
(Date:11/30/2015)... Battle Creek, Michigan (PRWEB) , ... November 30, 2015 , ... ... Creek, MI, the American Cancer Society held an annual fundraising event, a 5K walk ... Recovery, a holistic treatment center for substance abuse which is also located in Battle ...
(Date:11/30/2015)... ... November 30, 2015 , ... The presidential race normally deals with political issues ... it a national news story when Donald Trump makes disparaging remarks about Hillary Clinton’s ... more than anyone wants to admit when it comes to how people are viewed ...
(Date:11/30/2015)... Angeles, CA (PRWEB) , ... November 30, 2015 , ... ... star Jessie James Decker made a brave but slightly unusual choice to show her ... returning to her pre-pregnancy form may have been pre-mature. Saying that she didn’t “want ...
(Date:11/30/2015)... ... ... According to Los Angeles bariatric surgeon Michael Feiz, M.D., F.A.C.S., many of ... hunger, but instead by a hormone called ghrelin which (often prematurely) signals to ... aware that weight loss surgery can help patients lose weight by restricting the capacity ...
Breaking Medicine News(10 mins):
(Date:11/30/2015)... --  Royal Philips  (NYSE: PHG ; AEX: ... a fully integrated, consultative approach to enhance radiology ... management approaches that combine imaging systems, services, informatics ... delivery and reduce costs. Making its debut at ... Annual Meeting (RSNA) in Chicago ...
(Date:11/30/2015)... CHICAGO , Nov. 30, 2015 Nautilus ... next-generation Radiology Image Management platform ( ). The ... was announced from RSNA 2015 (Radiology Society North America) ... Radiology conference in the U.S. --> ... radiology platform that enables access to radiology studies worldwide ...
(Date:11/30/2015)... (HK$,000)For the Six Months Ended 30 September 2015 2014RestatedChange%Turnover 545,575 , 518,852 ... , 384,242 , 9.8 Hospital ... , (18.3) Medical Insurance Administration Service Income , ... Medical Devices and Accessories Sales , 89,645 , ... , 2,822 , 2,917 , ...
Breaking Medicine Technology: