FDB/McKesson Litigation — New England Carpenters Health Benefit Fund v. First DataBank, Inc. and McKesson Corp.
Court: U.S. District Court for the District of Massachusetts
Case No.: 1:05-cv-11148
Leadership Position: Co-Lead Class Counsel
Wexler Boley & Elgersma was Co-Lead Counsel in this massive class action against pharmaceutical wholesaling giant McKesson Corporation (“McKesson”) and pharmaceutical pricing publisher First DataBank, Inc. (“FDB”). Medispan, another pharmaceutical pricing publisher, was later named as a defendant in a separate case. The case addressed an unlawful 5% mark-up in the Average Wholesale Prices (“AWPs”) of various drugs, causing consumers and third party purchasers such as union health and welfare funds, self-insured employers, and large insurance companies to overpay for pharmaceuticals. The case against McKesson settled for $350 million. In a separate settlement, FDB agreed to roll back its published AWPs, saving the Class many millions of dollars.