Prograf Generic Antitrust Litigation

Court: United States District Court, District of Massachusetts

Plumbers and Pipefitters Local 572 v. Astellas Pharma US, Inc., Case No.: 1:11-cv-11870

Leadership Position: Plaintiffs’ Executive Committee

Wexler Boley & Elgersma, together with co-counsel Branstetter Stranch & Jennings PLLC, filed a class action lawsuit against Astellas Pharma US, Inc. seeking damages and equitable relief under federal antitrust law and state antitrust and consumer fraud statutes for consumers and third-party payors who were forced to pay higher prices for Prograf and its generic equivalents due to Astellas’ anticompetitive conduct.  Prograf is a drug with immunosuppressive properties that is commonly used to prevent organ rejection in patients who have received heart, kidney, or liver transplants.  The complaint alleged that Defendant filed a baseless Citizen Petition with the FDA in order to delay generic competition in the market for Prograf, causing end purchasers of Prograf to pay more for the product than they would have in a competitive market.  The case settled favorably for the Class before trial.