Illegal Drug Price Fixing Victims

A pharmaceutical manufacturer who develops a new drug is entitled, under patent law, to a period of time during which no other manufacturer can attempt to duplicate and sell that drug. These "legal monopolies" are permitted so that the original manufacturer can recoup the tremendous costs of research and development. Once the exclusive period expires, however, other manufacturers are free to develop and sell their own versions of the drug - which are known as "generics." The result is that the generic versions of the drug compete with the original version, which brings the price down for consumers.

With increased competition among drug manufacturers to develop and manufacture cheaper, generic medications, some manufacturers have gone beyond the bounds of fair competition and have attempted to extend their monopolies, by preventing generic drugs from reaching the market. For instance, some drug manufacturers have unlawfully entered into anticompetitive agreements under which they pay other manufacturers not to enter the market with generic forms of the name-brand medications. These anti-competitive agreements have artificially inflated the prices of name-brand drugs.

Gilman and Pastor, LLP is currently investigating agreements which delayed or prevented the introduction of generic forms of the following drugs:

1) K-DUR20 -- high blood pressure;

2) Tamoxifen -- breast cancer; and

3) BuSpar -- anti-anxiety.

If you purchased any of these drugs and had to pay out-of-pocket expenses beyond a fixed insurance co-payment, please contact us.

$90 Million Settlement for Patients with Jansen Pharmaceutica/Johnson & Johnson
The firm reached a favorable settlement agreement with the plaintiffs of the Propulsid federal multi-district litigation to resolve litigation brought by patients who claimed Propulsid, a heartburn drug. See, Defective and Dangerous Drugs Practice.

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