Healthcare Litigation

With the dramatic rise of health care costs, Wexler Wallace is leading actions across 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

Niaspan Antitrust Litigation
Wexler Wallace LLP is one of the Co-Lead Counsel for the plaintiffs in an antitrust class action case against AbbVie Inc. and Teva Pharmaceuticals USA Inc. (and their related companies) on behalf of End-Payors who purchased the cholesterol drug Niaspan. The plaintiffs allege that AbbVie and Teva (and their predecessors) agreed among themselves to keep a generic version of Niaspan off the market for more than eight years. The Plaintiffs have alleged that the defendants’ conduct caused consumers and drug benefit plans to pay more for Niaspan than they otherwise would have paid. Read more.

Opana ER Antitrust Litigation
Wexler Wallace LLP (along with our co-counsel Gustafsen Gluek PLLC and Spector Roseman Kodroff & Willis) filed two class actions against Endo Pharmaceuticals Inc. and Endo Health Solutions Inc. (among others). The complaints seek damages on behalf of end-payors of Opana ER (a painkiller), alleging that the defendants violated antitrust and consumer protection laws. Plaintiffs allege that defendants paid money to a generic manufacturer to delay the start of generic competition for Opana ER, and then used that delay to introduce a new formulation -- called Opana ER CRF -- as part of an unlawful “product hop” scheme. As a result of defendants’ conduct, market entry of a generic version of Opana ER was delayed for a number of years, forcing the proposed class to pay more for Opana ER than they would have in the absence of defendants’ anticompetitive conduct. Read more.

View more healthcare cases brought by Wexler Wallace.