The Hospital Authority of Metropolitan Government of Nashville and Davidson County, Tennessee dba Nashville General Hospital, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan v. Momenta Pharmaceuticals Inc., Sandoz Inc.
Published: Apr. 3, 2020 | Result Date: Jan. 3, 2020 | Filing Date: Oct. 14, 2015 |Case number: USDC Tennessee: 3:15-cv-01100 Settlement – $120,000,000
Attorneys
Plaintiff
Brendan P. Glackin
(Office of the Utah Attorney General)
Defendant
Michael L. Keeley
(Axinn, Veltrop & Harkrider LLP)
Bradley Justus
(Axinn, Veltrop & Harkrider LLP)
Teresa T. Bonder
(Alston & Bird LLP)
Matthew D. Kent
(Alston & Bird LLP)
Facts
A group of medical providers filed a lawsuit against Momenta Pharmaceuticals Inc. and Sandoz Inc. regarding generic drug pricing.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendants engaged in anti-trust activity by conspiring to fix prices of the anticoagulant drug Lovenox and its generic equivalent enoxaparin. Plaintiffs contended that they purchased the drug between Sept. 21, 2011 and Sept. 30, 2015 in numerous states, not including California. Plaintiffs contended that defendants' activity caused drug prices to increase, leaving them no alternative but to pay the higher cost.
DEFENDANT'S CONTENTIONS: Defendants contended that their actions were lawful and appropriate. Defendants contended they engaged in normal business activity that had mere incidental effect on consumers.
Result
Defendants agreed to pay a $120 million settlement, which was preliminarily approved by the court.
Other Information
JUDGE: Hon. Waverly D. Crenshaw Jr.
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