Upcoming PAL Lawsuits

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.

Here is a brief description of current cases with the plaintiff requirements outlined. (Note: the Premarin and Procardia cases are only being brought in California.) 

Premarin is an estrogen replacement drug used to prevent and manage osteoporosis and to treat menopausal symptoms. The Prescription Access Litigation Project (PAL) suit alleges that the maker of Premarin, Wyeth-Ayerst Laboratories, has engaged in a number of anticompetitive activities in an effort to maintain its near-monopoly position in the market. As a result of these activities, consumers have been forced to pay elevated prices for Premarin and have been unable to purchase cheaper alternatives. For this case, individuals need to be identified who: 

1. have taken Premarin sometime between March 24, 1999 and the present;
2. have either paid out of pocket for Premarin, or have paid a higher co-pay because it is a brand-name drug;
3. have some record of their payment (most drug stores can print out such information upon request).

Return to Top

Procardia XL is the brand name for nifedipine, a coronary vasodilator used to treat hypertension and angina. Procardia is manufactured and marketed by Pfizer. A generic pharmaceutical manufacturer, Mylan, sought approval to produce a generic version of Procardia. In response, Pfizer sued Mylan for patent infringement. Mylan ultimately received approval to market its generic, but rather than do so, Mylan and Pfizer entered into a settlement in February 2000 whereby Pfizer agreed to license and sell to Mylan its product for resale by Mylan. The Mylan product is therefore not a true generic and is sold at a higher price than would a generic. In addition, the Pfizer-Mylan agreement results in blocking all other generics from entering the market. Consumers again are forced to pay artificially high prices for this essential drug. For this case, PAL needs to identify individuals who: 

1. have taken Procardia sometime between February 28, 2000 and the present;
2. have either paid out of pocket for Procardia, or have paid a higher co-pay because it is a brand-name drug;
3. have some record of their payment (most drug stores can print out such information upon request).

Return to Top

Tiazac is a treatment for angina (heart pain) and hypertension (high blood pressure). This case involves an alleged attempt on the part of a brand name drug company — in this case, Biovail — to secure an illegitimate secondary patent in an effort to prevent generic drug manufacturers from marketing cheaper competing products. 

As a result of this secondary patent, consumers have been forced to pay the high price of brand name Tiazac since March 2000, and continue to do so, despite court orders that should have made a cheaper alternative available. For this individuals need to be identified who: 

1. have taken Tiazac sometime between March 6, 2000 and the present;
2. have either paid out of pocket for Tiazac, or have paid a higher co-pay because it is a brand-name drug;
3. have some record of their payment (most drug stores can print out such information upon request).

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

Return to Top