Prescription Access Litigation

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Prescription Access Litigation

K-Dur 20 Fact Sheet

PAL Litigation

The Congress of California Seniors is part of a national coalition called Prescription Access Litigation. PAL is filing class action lawsuits against pharmaceutical companies that are engaged in illegal activities to artificially inflate their prices. They are currently looking to file suit in California on K-Dur20.

K-Dur20
Additional background on the lawsuit

K-Dur20

K-Dur20 is the fourth most frequently prescribed drug to the elderly in the United States. K-Dur20 is a prescription potassium supplement used to treat patients with low blood potassium levels, a condition that most commonly occurs in people taking certain drugs to treat high blood pressure.

Although there are several companies that manufacture potassium chloride supplements, Schering-Plough is the only manufacturer of 20 milliequivalent, extended-release potassium chloride tablets and capsules. For clinical reasons, physicians and patients often prefer 20 milliequivalent extended-release potassium chloride tablets over other forms and dosages of potassium chloride.

PAL’s lawsuits allege that Schering-Plough and two generic drug companies illegally conspired to keep lesser expensive generic alternatives of K-Dur 20 off the market.

They are seeking plaintiffs for a lawsuit to be filed in the state of California. Plaintiffs should:

Be uninsured OR have health insurance that doesn’t cover prescription drugs OR have health insurance that charges a higher co-payment amount for brand name prescription drugs than for generic prescription drugs, and
Have purchased K-Dur20 between June 18, 1997 and the present.

If you or anyone you know fits this description, please contact Bill Powers at Congress of California Seniors:
(916) 442-4474.

Additional background on the lawsuit

In the late 1990s, Upsher-Smith and American Home Products sought FDA approval to manufacture and distribute a generic form of K-Dur20. Schering-Plough sued each company for patent infringement. Schering-Plough then settled both lawsuits through agreements calling for multi-million dollar payments to Upsher-Smith and AHP in exchange for the generic companies’ commitment to stay out of the K-Dur20 market for specified time periods.

As a result of these agreements, no other generic company has been able to bring a generic version of K-Dur20 onto the market. Lesser expensive generic alternatives of prescription drugs save consumers money because they are usually priced 30 to 80 percent below the brand name price.

PAL is filing class action lawsuits in both state and federal court alleging that the three pharmaceutical companies illegally conspired to monopolize the market for K-Dur20, forcing consumers to pay artificially inflated prices for this important medication.

PAL’s lawsuits seek compensation for persons who have been overcharged by the illegal business practices concerning K-Dur20 and an end to the illegal agreements between Schering-Plough and the two other companies. Until the agreements are ended, consumers who purchase K-Dur20 will continue to be deprived of a lower-cost generic equivalent to K-Dur20.

Please click here for more background information on this issue.

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Congress of California Seniors
1230 N Street, #201
Sacramento, CA 95814
(800) 543-3352

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