AstraZeneca Class Action Settlements Announced In Average Wholesale Price AWP Class Action Lawsuits Over Zoladex and Pulmicort

AstraZeneca$103 Million Class Action Settlement Announced In Average Wholesale Price AWP Class Action Lawsuit Filed Against AstraZeneca PLC (AZN) Over Alleged Inflated Prices Of Cancer Drug Zoladex and Child Asthma Medication Pulmicort.

AstraZeneca PLC (AZN) has reportedly agreed to a class action settlement to settle class action lawsuits against it pending in the United States District Court for the District of Massachusetts (styled In re Pharmaceutical Industry Average Wholesale Price Litigation, MDL 1456, Case No 01-CV-12257-PBS (D. Mass.) (“MDL Class Actions”), alleging that it inflated the average wholesale prices AWP of prescription drugs and medications, including Zoladex and Pulmicort, according to class action settlement news reports.

AstraZeneca PLC has reportedly agreed to pay $103 million dollars, consisting of $13 million to Massachusetts residents and $90 million to people in other states.  The AstraZeneca Zoladex and Pulmicort Average Wholesale Price AWP class action settlement is subject to final court approval.

The latest AstraZeneca class action settlements reportedly consist of two separate agreements, an AstraZeneca class action settlement agreement relating to Massachusetts Classes 2 and 3 and an AstraZeneca class action settlement agreement relating to Non-Massachusetts Classes 2 and 3.  Classes 2 and 3 reportedly include the following class action settlement class members, unless otherwise excluded by the settlements:

A. Third-Party Payor MediGap Supplemental Insurance Class (“Class 2”).

All TPPs that, from January 1, 1991 through January 1, 2005, made, or incurred an obligation to make, reimbursements for any portion of a Medicare Part B co-payment for Class Drugs purchased in the Commonwealth of Massachusetts. (Massachusetts); or

All TPPs in the United States who, from January 1, 1991 through January 1, 2005, made, or incurred an obligation to make, reimbursements for any portion of a Medicare Part B co-payment for Class Drugs purchased outside the Commonwealth of Massachusetts. (Non-Massachusetts)

B. Consumer and Third-Party Payor Class For Payments Made Outside the Medicare Context (“Class 3”).

All natural persons who made, or were liable for all or any portion of, a non-Medicare Part B payment for Class Drugs purchased in the Commonwealth of Massachusetts, and all TPPs that made, or incurred an obligation to make, non-Medicare Part B reimbursements for Class Drugs purchased in the Commonwealth of Massachusetts, during the period from January 1, 1991 through June 11, 2010. (Massachusetts)

All natural persons in the United States who made, or incurred an obligation to make, a non-Medicare Part B payment for Class Drugs purchased outside of the Commonwealth of Massachusetts, and all TPPs in the United States who made, or incurred an obligation to make, non-Medicare Part B reimbursements for Class Drugs purchased outside of the Commonwealth of Massachusetts, during the period from January 1, 1991, through June 11, 2010. (Non-Massachusetts)

AstraZeneca and Class Representatives of Class 1 (Medicare Part B enrollees) had previously entered into a Settlement Agreement and Release reportedly for $24 million and have settled all claims related to Class 1, as reflected in the Court’s Final Order and Judgment Granting Final Approval dated December 19, 2008, according to the AstraZeneca class action settlement agreements.

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