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Hagens Berman: Eleven Defendants Settle in Average Wholesale Price Litigation
Date:3/7/2008

ay 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 successe
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