News

Federal Court Enters Final Judgment in AWP Litigation

On November 20, 2007, Judge Patti B. Saris in the United States District Court for the District of Massachusetts entered final judgment with regard to the claims of Massachusetts third-party payors against AstraZeneca Pharmaceuticals LP and Bristol Myers Squibb. The Court's entry of final judgment concludes a nine-week bench trial that began in November 2006 and resulted in an 183-page opinion issued on June 21, 2007. The Court also issued an order on damages on November 1.

The final judgment amounts were $12,941,869 against AstraZeneca and $695,594 against Bristol Myers Squibb. These numbers were for Massachusetts third-party payors only. Plaintiffs will be filing their motion to certify a nationwide class of third-party payors this week and will propose to the Court that those claims be set for trial quickly.

The Court also entered judgment in favor of Warrick Pharmaceuticals because, although the Court found Warrick's actions actionable, those actions had not caused damages to Massachusetts third-party payors. The Court likewise entered judgment in favor of Johnson & Johnson because, although the Court found Johnson & Johnson's actions "troubling," the spreads for its drugs Procrit and Remicade never exceeded a threshold proposed by Plaintiffs' expert.

For a copy of the judgment, click here.