Life Sciences

Pharmaceutical companies settle AWP litigation

Pharma Compliance Alert, March 12, 2008

All but two pharmaceutical companies have agreed to pay $125 million to settle allegations they intentionally inflated reports of the average wholesale prices on certain prescription drugs, according to a press release from Seattle-based law firm Hagens Berman, co-lead counsel in the case.

The settlement resolves allegations from a lawsuit filed in 2002 by consumers and insurance companies. Under the terms of the settlement, third-party payers will receive 82.5% of the settlement and the remaining 17.5 % will go to consumers.

The defendants included in the settlement are:

  • Abbott Laboratories
  • Amgen Inc.
  • Aventis Pharmaceuticals Inc.
  • Hoechst Marion Roussel
  • BaxterHealthcare 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. and Gensia Sicor Pharmaceuticals, Inc.
  • Watson Pharmaceuticals, Inc
  • ZLB Behring, L.L.C.

AstraZeneca and Bristol-Myers Squibb were not part of the settlement and will instead go to trial, according to Hagens Berman.

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