Artificially inflated healthcare costs, defective products... Consumer harm can come in many forms. SRKW’s consumer protection/healthcare practice is designed to, among other things, help recoup monies where improper conduct has contributed to skyrocketing healthcare costs. The Firm represents a wide range of clients, including consumers, health and welfare funds, large and small businesses, and public pension funds in class actions against pharmaceutical companies.
SRKW has been at the forefront of employing novel claims and unique strategies to benefit its clients. For example, we devised the legal theory for claims against major pharmaceutical companies for using the Average Wholesale Price (“AWP”) to inflate the price paid by consumers and third-party payors for certain drugs. As a result of over a year of investigation and analysis, SRKW filed the first civil AWP lawsuit pertaining to the cancer drug Lupron (In re Lupron Marketing and Sales Practices Litigation, MDL No. 1430 (D.Mass)), which ultimately settled for $150 million. SRKW has also filed, and is lead counsel in, the prosecution of the massive AWP case (In re Pharmaceutical Industry Average Wholesale Price Litigation, MDL No. 1456 (D.Mass.)). That action was brought against many of the largest pharmaceutical companies which, to date, has resulted in over $100 million in class-wide settlements from the pharmaceutical companies.
The Attorney General of the State of Connecticut chose SRKW after a competitive bidding process to serve as co-lead counsel in the State’s litigation against pharmaceutical companies for manipulation of the market through the use of the Average Wholesale Price and other tactics. The Firm has also represented employee benefit funds in these matters, such as the Pennsylvania Employees Benefit Trust Fund (covering 270,000 participants and dependents), the Health and Welfare Fund and the Retiree Health and Welfare Fund of the New York City Patrolmen’s Benevolent Association, and the Teamsters Health and Welfare Fund of Philadelphia and Vicinity.
SRKW is also a leader in challenging efforts by brand named pharmaceutical companies to prevent generic drugs from entering the market. The Firm’s leadership in this type of Hatch-Waxman Act Antitrust/Patent litigation has resulted in the recovery of hundreds of millions of dollars on behalf of individuals and entities that pay for drugs. The Firm has also been at the forefront of litigation relating to illegal marketing activities of pharmaceutical companies including massive off-label marketing schemes, as well as litigation regarding pharmacy benefit managers. Representative cases here include: In re TriCor Antitrust Litigation, C.A. No. 05-360 (D. Del.); In re DDAVP Antitrust Litigation, C.A. No. 05 Civ. 2237 (S.D.N.Y.); In re Provigil Antitrust Litigation, C.A. No. 06-1797 (E.D. Pa.); In re Express Scripts, Inc., PBM Litigation, Master Case No. 05-md-01672-SNL (E.D. Mo.); In re Ditropan XL Antitrust Litigation, C.A. No. 06-1761-JSW (N.D. Cal.); In re Lovenox Antitrust Litigation, Case No. CV05-5598 (C.D. Cal.); In re Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL No. 1699 (N.D. Cal.); In re Lipitor Marketing Litigation, C.A. No. 05-22658 (S.D. Fla.); and In re Vioxx, Case Code No. 619 (N.J. Super.).
SRKW also actively litigates on behalf of consumers when they are sold defective products. For example, we have brought claims against Hewlett-Packard Company, one of the world’s leading manufacturers of computers, for selling notebook computers with defective wireless capabilities.
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