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BloombergJune 21 (Bloomberg) -- AstraZeneca Plc, Bristol-Myers Squibb Co. and Schering-Plough Corp. must pay damages for overcharging on certain drugs paid for by Medicare, pension funds, insurers and patients, a federal judge ruled following a trial.
U.S. District Judge Patti Saris in Boston found the companies liable in a nationwide class action lawsuit over drugs administered by doctors to patients. She dismissed claims against Johnson & Johnson while giving plaintiffs' lawyers until Aug. 1 to provide damages calculations for the remaining defendants.
The plaintiffs claimed the drugmakers sold medicines to doctors at steep discounts to the ``average wholesale price'' that Medicare and pension funds paid, while secretly encouraging them to claim full reimbursement from insurers. The plaintiffs are seeking hundreds of millions of dollars in damages.
``The Medicare statute itself created a perverse incentive by pegging the nationwide reimbursement for billions of drug transactions a year to a price reported by the pharmaceutical industry, thus putting the proverbial pharmaceutical fox in charge of the reimbursement chicken coop,'' Saris wrote in a 183- page opinion today. ``The different pharmaceutical companies unfairly took advantage of the system by setting sky high prices with no relation to the marketplace.''
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