Prograf Litigation -- Plumbers and Pipefitters Local 572 v. Astellas Pharma US, Inc.
Court: U.S. Circuit Court for the District of Massachusetts
Case No.: 1:11-cv-11870
Wexler Wallace, together with co-counsel Branstetter Stranch & Jennings PLLC, filed a class action lawsuit against Astellas Pharma US, Inc. seeking damages and equitable relief under federal antitrust law and state antitrust and consumer fraud statutes for consumers and third-party payors (“Indirect Purchasers”) who have been forced to pay higher prices for Prograf, and its generic equivalents, due to Astellas’ anticompetitive conduct.
Defendant is the manufacturer of Prograf, a drug with immunosuppressive properties that is commonly used to prevent organ rejection in patients who have received heart, kidney, or liver transplants. The complaint alleges that Defendant filed a baseless Citizen Petition with the FDA in order to delay generic competition in the market for Prograf.
To learn more about the case and view the Complaint, click here.
The Indirect Purchaser case was stayed pending the outcome of Defendant’s motion to dismiss the complaint filed by entities that purchased Prograf directly. The court denied that motion and the stay has been lifted. All parties are now engaged in the discovery process. Briefing is also underway on the Indirect Purchasers’ motion for class certification, which was filed on January 18, 2013.