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. 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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