Healthcare Litigation

With the dramatic rise of health care costs, Wexler Wallace is leading actions around the country, challenging wide-ranging fraudulent and unfair conduct in the healthcare industry that contribute to these higher prices. Wexler Wallace has prosecuted claims for:

  • Reporting of fraudulent pharmaceutical prices
  • Failures to recall defective health devices
  • A conspiracy to increase prices on over 400 brand name drugs
  • The filing of baseless lawsuits and administrative actions designed to delay generic drug entry
  • A pharmacy’s illegal substitution of more expensive versions of generic drugs to increase its own profits

Bringing claims under RICO, the antitrust laws, state consumer protection statutes and more, Wexler Wallace has successfully prosecuted cases against some of the largest companies in the healthcare industry, including for example, McKesson Corp., Becton Dickinson, Astrazeneca, Glaxosmithkline, Abbott Laboratories, Bristol Meyers Squibb, Johnson & Johnson and Bayer Corporation.

Wexler Wallace’s case against McKesson Corp. for manipulating the reimbursement benchmark for drug purchases resulted in one of the largest, if not the largest, RICO settlements ever.

If you believe you or your business has been harmed by an unfair or fraudulent business practice in the healthcare area, please contact us.

Healthcare Litigation cases

In re Actimmune Marketing Litigation

Court: United States District Court for the Northern District of California
Case No.:
3:08-CV-02376

Wexler Wallace is a member of the Plaintiffs’ Executive Committee in a case against InterMune, Genentech, and InterMune’s former CEO Scott Harkonen.  The Complaint alleges that the Defendants instituted a fraudulent marketing campaign that claimed the drug Actimmune was effective for the treatment of idiopathic pulmonary fibrosis (IPF), a deadly lung disease, when in fact there is no known effective treatment. Read more.

In re Synthroid Marketing Litigation

Court: United States District Court for the Northern District of Illinois
Case No.:
MDL No. 1182

Filed originally by Ken Wexler’s previous firm, this case was successfully prosecuted on behalf of consumers of the pharmaceutical Synthroid against its brand name manufacturer.  The Synthroid case was one of the first, if not the first, cases brought against a brand name pharmaceutical manufacturer for attempting to suppress generic competition, a practice that significantly raises consumer drug prices.  The Synthroid case settled in 2000 for an aggregate amount of $87.4 million.

View more healthcare cases brought by Wexler Wallace.