Featured cases //
In re Wellbutrin XL Indirect Purchaser Antitrust Litigation
Wexler Wallace is co-lead counsel for the indirect purchasers of Wellbutrin XL in their suit against Defendants Biovail and GlaxoSmithKline for antitrust violations and unfair competition. Plaintiffs allege that Biovail and GlaxoSmithKline filed sham patent infringement lawsuits against makers of generic versions of Wellbutrin XL and filed a sham citizen petition with the FDA in order to keep generic versions of the medicine off the market. Plaintiffs further allege that Defendants settled their baseless patent infringement lawsuits by entering into anti-competitive agreements that further delayed the arrival of generic Wellbutrin XL on the market.
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AWP Litigation -- In re Pharmaceutical Industry Average Wholesale Price Litigation
Drug prices have soared for years. One of the reasons for this is drug companies’ inflation of a benchmark called Average Wholesale Price or AWP. It turned out that AWP was neither an average, an average price, nor a wholesale price. Rather, it was an arbitrary number assigned by drug manufacturers which, through various manipulations, resulted in consumers and third party payors vastly overpaying for needed medications.
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Featured Investigations //
DePuy ASR™ Hip System Recall Litigation
On August 26, 2010, DePuy Orthopedics, Inc., a division of Johnson & Johnson, announced a worldwide recall of two hip implant systems – the ASR™ XL Acetabular System and the ASR™ Hip Resurfacing System. DePuy has estimated that 93,000 total devices have been implanted worldwide. If they have not already experienced hip failure, patients with these implants may now need to undergo costly and painful revision surgery.
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Recent Blog Posts //
The Wall Street Journal: Big Companies Are the Victim Because Consumers Want to Enforce their Rights.
05/09/2012
The Wall Street Journal’s May 4 Opinion page brought me some pause. Not for its crafty wordplay (indeed, the “plaintiffs lobby” was a pretty clever way
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CFPB Takes on Mandatory Arbitration Clauses
04/30/2012
The Consumer Financial Protection Bureau (CFPB) opened its doors less than a year ago. Even though the federal agency was created in July, it announced last wee
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A Call to Restore the Rights of Generic Drug Consumers
04/17/2012
Warning labels on generic drugs have garnered a lot of attention recently, and for good reason. In PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the Supreme
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News & Press //
05.09.2012
Wexler Wallace Files Case Against Accretive Health
04.30.2012
Consumer Reports Investigates: Dangerous Medical Devices
04.25.2012
Edward Wallace Appointed to Plaintiffs’ Steering Committee in MDL Nos. 2187, 2325, 2326 and 2327
04.13.2012
Wexler Wallace Files Securities Case against Groupon
04.03.2012
Wexler Wallace Files Case Against Makers of Lipitor