SRKW was part of the lead Counsel team that has just secured two important rulings from the First Circuit Court of Appeals in the massive Average Wholesale Price (“AWP”) litigation. In a 98 page Opinion the First Circuit upheld Plaintiffs’ theory of the case, namely that drug manufacturers fraudulently manipulated AWP prices beyond the market’s reasonable expectations, and upheld a bench trial victory obtained by SRKW and others against four drug manufacturers. This ruling clears the way for a nationwide class trial against the remaining defendant AstraZeneca, over fraudulent pricing of its drug Zolodex.
The First Circuit also upheld plaintiffs’ challenges to the dismissal of defendant Johnson & Johnson. This ruling allows SRKW and its co-counsel to again advocate that a jury should determine whether Class members, consumer Medicare Part B beneficiaries, were overcharged for J&J’s drugs Procrit and Remicade.