At Wexler Wallace, our driving motivation is to achieve a superior result for our clients. We are prepared to face whatever challenges arise during litigation, and we are willing to take the necessary and appropriate risks to meet and defeat those challenges. Wexler Wallace is committed to acting with the utmost integrity and maintaining the highest legal and ethical standards as we provide our clients with the most energetic and effective advocacy possible. Below are some of the cases reflecting the varied and diverse nature of what we do as we try to achieve positive change through our practice.
IFDA: Illinois Funeral Directors Association -- Multiple Cases
Wexler Wallace represents funeral directors around the State of Illinois and is lead counsel in derivative litigation and class actions seeking to recover over $140 million that was dissipated from a trust fund holding money intended to pay for funerals throughout the State of Illinois. The money was supposed to be invested in safe instruments that would preserve capital and earn a small rate of return to, hopefully, cover the cost of inflation. A number of Merrill Lynch entities, however, engaged in a scheme whereby the money was used to buy single premium life insurance policies.Read more.
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.Read more.
Yaz, Yasmin and Ocella
Yaz, Yasmin and Ocella are birth control pills. They have been marketed as being safe and effective. They contain an ingredient, however, drospirenone, that is not found in other oral contraceptives. Many consumers of these birth control pills have been injured. Indeed, it is likely that thousands of women will either have a stroke or blood clot, or be required to undergo gall bladder surgery as a result of taking these harmful medications. Read more.
Zynga Social Gaming Litigation -- Swift v. Zynga Game Network, Inc. et al.
Wexler Wallace, with co-counsel, filed a nationwide class action against Facebook, Inc. ("Facebook") and Zynga Game Network, Inc. ("Zynga"). Pending in the Northern District of California, the case seeks damages for consumers victimized by a scheme to lure them into subscribing for goods and services they never wanted. Read more.
FDB/McKesson Litigation -- New England Carpenters Health Benefit Fund v. First DataBank, Inc. and McKesson Corp.
Court: U.S. District Court for the District of Massachusetts
Case No.: 1:05-CV-11148-PBS
Wexler Wallace was Co-Lead Counsel in this massive class action against pharmaceutical wholesaling giant McKesson Corporation (“McKesson”) and pharmaceutical pricing publisher First DataBank, Inc. (“FDB”). Medispan, another pharmaceutical pricing publisher, was later named as a defendant in a separate case. The case addressed an unlawful 5% mark-up in the Average Wholesale Prices (“AWPs”) of various drugs, causing consumers and third party payors to overpay for pharmaceuticals. The case against McKesson settled for $350 million. In a separate settlement, FDB agreed to roll back AWPs, saving the Class many millions of dollars. Read more.
In re Kugel Mesh Hernia Patch Products Liability Litigation
In December of 2005, at the direction of the FDA, C.R. Bard and Davol announced a recall on the large and extra large varieties of their surgically implanted hernia repair patches, known as the Composix Kugel Mesh Patch. Despite having knowledge of the defective design and manufacture of these patches, C.R. Bard and Davol failed to alert physicians about the potential problems and roughly 75,000 of the patches were sold. The defects have led to serious and permanent injuries to the implant patients and can result in death. Read more.
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