Average Whole Price Drug Litigation - FAQ
GENERAL
What does the suit claim?The suit alleges that the nation's leading drug companies conspired to defraud consumers by inflating the cost of certain prescription drugs.
How do drug companies defraud consumers? What medications are at issue?
According to the complaint, when drug companies report the Average Wholesale Price (AWP) of medications to trade publications, they routinely state an inflated price. The Average Wholesale Price is the average cost of a drug on the wholesale market. In truth, the price paid by healthcare providers and doctors for many of these drugs is often much lower than the drug companies quote. Therefore, when consumers reimburse their healthcare provider or make a co-payment for certain medications, they are unknowingly forced to pay a false overstated price.
The prescription drugs mentioned in the complaint include:
- Albuterol
- Alkeran
- Amikin
- Amphotericin B
- Blenoxane
- Coumadin
- Cytoxan
- Diprivan
- Etopophos
- Floxin
- Fungizone
- Haldol
- Imitrex
- Integrilin
- Intron-A
- Kytril
- Lanoxin
- Levaquin
- Myleran
- Navelbine
- Paraplatin
- Procrit
- Proventil
- Pulmicort
- Remicade
- Retrovir
- Risperdal
- Rubex
- Taxol
- Temodar
- Tequin IV
- Ventolin
- Vepesid
- Zantac
- Zofran
- Zoladex
- Zovirax
THE LAWSUIT
When and where was the lawsuit filed?
Who are the defendants? Who does the case seek to represent?
The complaint names many of the nation's major drug manufacturers, including AstraZeneca (NYSE:AZN), Bristol-Myers Squibb (NYSE:BMY), GlaxoSmithKline (NYSE:GSK), and Johnson & Johnson (NYSE:JNJ).
- Albuterol
- Alkeran
- Amikin
- Amphotericin B
- Blenoxane
- Coumadin
- Cytoxan
- Diprivan
- Etopophos
- Floxin
- Fungizone
- Haldol
- Imitrex
- Integrilin
- Intron-A
- Kytril
- Lanoxin
- Levaquin
- Myleran
- Navelbine
- Paraplatin
- Procrit
- Proventil
- Pulmicort
- Remicade
- Retrovir
- Risperdal
- Rubex
- Taxol
- Temodar
- Tequin IV
- Ventolin
- Vepesid
- Zantac
- Zofran
- Zoladex
- Zovirax
What does the suit seek?
How do I know if I'm included in this group? Why does this matter to me?
If you paid for one of the above drugs, or made a co-payment for one of the above drugs, you are included in the proposed class. Attorneys representing the plaintiffs can also help you determine your eligibility and answer any questions.
What can I do to help?
The judge in the case has ruled that the suit will move forward if the proper plaintiffs step forward. As a potential member of the class it is important you stand up and be counted as one of many people who have been affected by the actions of these drug companies. Doing this will demonstrate the thousands of people involved and strengthen our case moving forward.
THE CLASS ACTION PROCESS
Who can participate in this suit?
All persons who received and paid for any of the following physician-administered drugs:
- Albuterol
- Alkeran
- Amikin
- Amphotericin B
- Blenoxane
- Coumadin
- Cytoxan
- Diprivan
- Etopophos
- Floxin
- Fungizone
- Haldol
- Imitrex
- Integrilin
- Intron-A
- Kytril
- Lanoxin
- Levaquin
- Myleran
- Navelbine
- Paraplatin
- Procrit
- Proventil
- Pulmicort
- Remicade
- Retrovir
- Risperdal
- Rubex
- Taxol
- Temodar
- Tequin IV
- Ventolin
- Vepesid
- Zantac
- Zofran
- Zoladex
- Zovirax
How many people are members of this class?
The proposed class will cover thousands, even millions, of individuals who received and paid for the medications in question.
How will signing up help the lawsuit?
A larger class helps demonstrate the severity of damage that the defendants caused to consumers. The judge in this case has also ruled that the case will forward if the proper plaintiffs step forward.
What do I need to do to join the class action?
To make sure you're included in any announcements about the suit, sign up at www.hbsslaw.com/awp_info for more information and updates.
How does a class action work?
A class-action lawsuit is filed when different people combine their lawsuits because the facts of the case are so similar. This is designed to save court time, and allow one judge to hear all the cases at the same time and make one decision binding to all parties.
Step 1: A lawyer files a lawsuit on behalf of one or more parties.
Step 2: A judge agrees the case is valid and certifies it.
Step 3: The judge directs notice be given to all parties having a similar claim during a particular time period so they may be informed and have input on the case. This first notice gives people an opportunity to "opt out" (not be part of the class or represented by the party who brought the case). Those who opt out have no further standing in the case and can either drop the matter or bring action on their own behalf. Individuals that stay a party in the case are usually bound by the settlement and prohibited from taking any further action on the matter.
Step 4: Unless a settlement occurs, the case could potentially proceed for years. It is either settled outside of court and that settlement is presented to the court for its approval as to fairness (most often the case), or the case is tried and the judge renders a decision. If the plaintiffs (the class participants) win a judgment over the company being sued, they are notified about how they can collect damages or remedies.Who can I contact if I have more questions?
If you have more questions about the lawsuit or your eligibility, contact attorneys at Hagens Berman Sobol Shapiro at 206-623-7292 or info@hagens-berman.com.