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Another PAL Lawsuit

New Litigation on Average Wholesale Price Manipulation

New Litigation on Average Wholesale Price Manipulation

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.

PAL is entering a new area of impact litigation that gets to the heart of prescription drug pricing issues: manipulation of the Average Wholesale Price.

This practice which we believe is widespread in the pharmaceutical industry serves to artificially inflate the price of prescription drugs. The practice hurts all of us: consumers who are uninsured, Medicare beneficiaries, the Medicaid program, and people with private health insurance. 

Average Wholesale Price Investigations 

In the last three months, there have been several national reports released and Congressional hearings held focusing on manipulation of the Average Wholesale Price (AWP) by pharmaceutical companies. Although there have been many investigations into the practice of AWP manipulation, not much has been done to fix it.

PAL is investigating the practices of several pharmaceutical companies and will be filing several lawsuits in the coming months on this practice. Our goal through the litigation is to seek reimbursement for consumers who have overpaid for particular prescription drugs and seek a remedy that prevents this behavior by pharmaceutical companies in the future. 

First Target: Bristol Myers Squibb 

The first lawsuit PAL would like to file is against Bristol Myers Squibb for manipulation of the Average Wholesale Price on the following list of prescription drugs. We are hoping to identify individuals who have taken these drugs from January 1, 1993 to the present. These are all prescription drugs which are covered under Medicare Part "B" and are administered in a physician's office or in a hospital. 

  • Taxol: Used to treat breast cancer, ovarian cancer and certain AIDS related illnesses.
  • Paraplatin: Used to treat several different types of cancer including breast, cervical, colon, endometrial, head and neck, lung. It's also used to treat leukemia, lymphoma, and melanoma.
  • Blenoxane: A chemotherapy drugs used to treat the following types of cancers: testis, lymphomas, head and neck cancer.
  • Vespesid: A chemotherapy drugs used to treat various types of cancer including lung, testicular, Lymphomas, Mycosis fungoides, Leukemias, Advanced breast cancer, neuroblastoma, brain tumors, Wilms' tumor, Kaposi's sarcoma and Ewing's sarcoma.
  • Etopophos: An anti-cancer drug used to treat testicular cancer, lung cancer, and non-Hodgkin's Lymphomas.
  • Ifex: Used as a treatment for testicular cancer.

How You Can Help

If you know of people who have taken the above prescription drugs, please contact Bill Powers at the Congress of California Seniors as soon as possible. At this point we are looking for ANYBODY who has taken one of the above drugs regardless of how much they have paid or whether they have insurance.

Bill Powers: 916-442-4474 or bpowers@seniors.org

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