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In re Hypodermic Products Antitrust Litigation

Court: United States District Court for the District of New Jersey

Case No: MDL No. 1730

Wexler Wallace serves as Interim Co-Lead Class Counsel on behalf of hospitals, pharmacies and other purchasers of hypodermic products manufactured by Becton Dickinson, such as disposable syringes and associated needles, disposable blood collection tubes and holders, IV catheter devices and their associated needles. The Complaint alleges that Becton maintained a monopoly in the disposable hypodermic products market by “bundling” products for which Becton faced little or no competition with products for which, absent its anti-competitive conduct, Becton would have faced competition. As a result, healthcare providers and others paid more for these Becton products than they would have absent the anti-competitive monopoly.

Status:

This case has two sets of plaintiffs claiming the right to sue under the federal antitrust laws the Distributor Plaintiffs (wholesalers) and the Healthcare Plaintiffs, the hospitals and other healthcare providers Wexler Wallace represents. Both sets of plaintiffs have moved for partial summary judgment, asking the Court to declare them “direct purchasers” able to recover treble damages under the Sherman Act. Both motions have been fully briefed and are awaiting argument before the Court.

Recently, the Distributor Plaintiffs and Becton announced a settlement. The Healthcare Plaintiffs believe that the settlement is inadequate and was entered into primarily so that the Distributor Plaintiffs would, as part of the settlement, receive the mantle of “direct purchasers.” The Healthcare Plaintiffs have challenged the fairness and adequacy of the settlement and have asked the Court to reject it.