Pharmaceuticals

In re Relafen Antitrust Litig. 01-12239 (D. Mass.).  The United States District Court for the District of Massachusetts granted final approval to a $75 million class action settlement for the benefit of consumers and third-party payors who paid for branded and generic versions of the arthritis medication Relafen.

Ryan-House v. GlaxoSmithKline PLC, No. 2:02cv442 (E.D. Va.).  Plaintiffs allege that GSK, which makes Augmentin, misled the United States Patent Office into issuing patents to protect Augmentin from competition from generic substitutes.  The case was resolved and the court approved a $29 million settlement for the benefit of consumers and third-party payors.

In re Warfarin Sodium Antitrust Litig., MDL 98 1232 (D. Del.).  A multi-district class action on behalf of purchasers of Coumadin, the brand-name warfarin sodium manufactured and marketed by DuPont Pharmaceutical Company.  Plaintiffs alleged that the defendant engaged in anticompetitive conduct that wrongfully suppressed competition from generic warfarin sodium.  The case settled for $44.5 million which was affirmed on appeal.  See In re Warfarin Sodium Antitrust Litig., 212 F.R.D. 231 (D. Del. 2002).

In re Cardizem CD Antitrust Litig., MDL No. 1278 (E.D. Mich.).  Multi-district class action on behalf of purchasers of Cardizem CD, a brand-name heart medication manufactured and marketed by Hoechst Marion Roussel, Inc. (now merged into Aventis Pharmaceuticals, Inc.)  Plaintiffs alleged that an agreement between HMR and generic manufacturer Andrx Corp. unlawfully stalled generic competition.The $80 million settlement for the benefit of third-party payors and consumers was granted final approval.  In re Cardizem CD Antitrust Litig., 218 F.R.D. 508 (E.D. Mich. 2003), app. dismissed, 391 F.3d 812 (6th Cir. 2004).

In re Lorazepam & Clorazepate Antitrust Litig., MDL 1290 (D.D.C.).  This multidistrict class action arose out of an alleged scheme to corner the market on the active pharmaceutical ingredients necessary to manufacture generic clorazepate and lorazepam tablets.  After cornering the market on the supply, defendants raised prices for generic clorazepate and lorazepam tablets by staggering amounts (i.e., 1,900% to over 6,500%) despite no significant increase in costs.  The Court approved class action settlements on behalf of consumers, state attorneys general and third party payors in the aggregate amount of $135 million.  See 205 F.R.D. 369 (D.D.C. 2002).

In re Lithotripsy Antitrust Litig., No. 98 C 8394 (N.D. Ill.).  Antitrust class action arising out of alleged stabilization of urologist fees in the Chicago metropolitan area.

Brand-Name Prescription Drug Indirect Purchaser Actions.  Coordinated antitrust actions against the major pharmaceutical manufacturers in ten states and the District of Columbia.  The actions were brought under state law on behalf of indirect purchaser consumers who obtained brand name prescription drugs from retail pharmacies.  In 1998, the parties agreed to a multistate settlement in the amount of $64.3 million, which was allocated among the actions.

In re Synthroid Marketing Litig., MDL No. 1182 (N.D. Ill).  This multidistrict action arises out of alleged  unlawful activities with respect to the marketing of Synthroid, a levothyroxine product used to treat thyroid disorders.  Final approval of a settlement in the amount of $87.4 million plus interest was affirmed on appeal.  See 264 F.3d 712 (7th Cir. 2001).