BOSTON -- In a national class action lawsuit filed by Spector, Roseman & Kodroff, P.C. on behalf of consumers and third party payors claiming prescription drug overpayments, U.S. District Judge Patti B. Saris indicated that she would certify a nationwide class of Medicare Part B beneficiaries, if enough consumers appeared and filed complaints by October 17, 2005.
According to Jeffrey L. Kodroff, one of the lead counsel for the plaintiffs in In re Pharmaceutical Industry Average Wholesale Price Litigation, "Judge Saris offered a clear roadmap for class certification to consumers covered by Medicare Part B who have overpaid for physician administered drugs manufactured by GlaxoSmithKline, Bristol-Meyers Squibb, AstraZeneca, Schering-Plough and Johnson & Johnson because the companies fraudulently created, manipulated and inflated the cost of prescription medication to consumers by overstating the average wholesale price." In case filings, Kodroff, from the Philadelphia-based law firm of Spector, Roseman & Kodroff, P.C., alleged that the defendants knowingly inflated the average wholesale price or AWP to cause beneficiaries of the Medicare Part B program, other consumer patients and third party payors to overpay for drugs used in treating cancer, rheumatoid arthritis and other chronic illnesses.
Kodroff said Judge Saris stated earlier this week that she would certify a nationwide class of Medicare Part B beneficiaries once the complaint is amended to add individual class representatives who pay all or a portion of their Medicare Part B co-payment for their drugs. At that time she also certified a Massachusetts statewide class for third party payors, offering supplemental insurance to cover Medicare Part B co-pays and a Massachusetts statewide class for any payments for brand name and generic drugs, outside of the Medicare Part B arena, if the reimbursement was explicitly based on average wholesale price.
The prescription drugs mentioned in this complaint include: Alkeran, Blenoxane, Cytoxan, Etopophos, Kytril, Navelbine, Paraplatin, Procrit, Remicade, Rubex, Taxol, Vepesid, Zofran, Zoladex and Zovirax.
For more information about this lawsuit, and to determine if you are eligible to participate in these actions, contact Jeffrey L. Kodroff or John A. Macoretta at Spector, Roseman & Kodroff, P.C. at 1-888-844-5862. For a copy of this order visit www.srk-law.com.
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