McKesson may settle drug pricing suit
Pharma Compliance Alert, July 2, 2008
A pair of rulings in Boston may push McKesson Corp. to settle a suit centered on allegations the company inflated prices on prescription drugs paid by private health-benefit plans and individuals, according to a Bloomberg article.
In 2005, New England Carpenters Health Benefits Fund and other plaintiffs accused McKesson and Hearst Corp.’s First DataBank of conspiring to increase pharmacies’ profits to increase the wholesaler’s share of the business.
U.S. District Judge Patti Saris in Boston certified the suit as class action. The cases are being tried under the Racketeer Influenced and Corrupt Organizations Act (RICO), which provides for triple damages. Because of those rulings, McKesson may settle the claims for as much as $15 billion.
In addition to the class action suit filed in 2005, McKesson faces additional suits filed by state and local governments. All of the suits accuse McKesson and First DataBank of secretly manipulating an industry-wide pricing system based on published average wholesale prices.
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