What is this Lawsuit About?
The lawsuits claim that certain drug companies intentionally reported false and inflated average wholesale prices ("AWP") for certain types of outpatient drugs. The reported AWPs may be used to set prescription drug prices that are paid by insurers and other Third Party Payors ("TPPs"). The lawsuits ask the Court to award money damages to some TPPs who made reimbursements for the drugs. (For more about the Plaintiffs' claims click here). Defendants deny the allegations of the lawsuits. (For more on what Defendants say about the suits click here). The Court has not yet decided who is right in this litigation. A series of trials and hearings will determine the claims in these lawsuits. An initial trial including all Defendants will begin in November 2006.

Who is in the Classes?
A TPP is a member of the MediGap TPP Class if it made reimbursements for all or part of its insured’s 20% co-payment under Medicare Part B for Covered Drugs anytime between January 1, 1991 and January 1, 2005 or

A TPP is a member of the Private Payor TPP Class if it reimbursed for Covered Drugs outside of Medicare Part B based on a contract that uses AWP as a reimbursement benchmark anytime between January 1, 1991 and January 1, 2006.

In order to be member of either the MediGap TPP Class or the Private Payor TPP Class, the reimbursements must have been for a beneficiary in Massachusetts or the Third Party Payor must have its principal place of business in Massachusetts.