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U.S. Court of Appeals Upholds AstraZeneca AWP Settlement
Date:11/20/2009

ed that the payment methodology was flawed; that payments discriminated against class members with supplemental insurance and that a conflict of interest existed since one of the plaintiffs could receive cy pre funding.

The court dismissed each of the objector's claims filed by attorney Don Haviland as "meritless."

"We are heartened that the Court of Appeals agreed with U.S. District Court Judge Patti Saris' early ruling approving the settlement," said Berman, noting that HBSS filed the first AWP case in 2002. "This settlement is perhaps the first time a consumer class was awarded treble damages in a case of this size."

Berman noted that the court's conclusion that no conflict of interest existed in the cy pre could have positive ramifications in other settlements in the AWP litigation.

Under the terms of the settlement, consumers who paid or contributed to the purchase of Zoladex through co-payments between December 1997 and 2003 are entitled to treble damages. Other class members will receive treble damages if money is left from the $24 million settlement. Experts agree that there will be sufficient funds to pay treble damages for all class members, with approximately $6.8 million remaining for cy pre funding.

The First Circuit ruling noted the District Court's work, applauding Judge Patti Saris, saying her court has "handled this matter with sensitivity and care." Judge Saris has presided over this case since 2001.

About Hagens Berman Sobol Shapiro

Hagens Berman Sobol Shapiro is a nationally recognized class-action and complex-litigation law firm based in Seattle with offices in Chicago, Boston, Los Angeles, Phoenix and San Francisco. Among recent successes, HBSS negotiated a $300 million settlement in the DRAM memory antitrust litigation, the largest antitrust settlement in U.S. history, recovered $340 million on behalf of Enron employees, and was part o
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SOURCE Hagens Berman Sobol Shapiro
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