Entries from September 2008 ↓

Eleven drug manufacturers have entered into a preliminary settlement with The United States District Court for the District of Massachusetts to cover a lawsuit claiming that the companies artificially inflated the average wholesale price of approximately 200 drugs, thus increasing the co-payments and full payments that consumers and others paid. A full list of the drugs, including Depo prevera, Morphine sulfate, and Sodium chloride can be found at http://www.awptrack2settlement.com.

This preliminary settlement includes almost $21.8 million dollars, which would be distributed to eligible consumers who paid a percentage co-payment or full price of their prescription from January 1, 1991 and March 1, 2008. Those who qualify would receive a minimum of $35 dollars back. Those who paid a flat co-payment would not be eligible under this settlement.

The defending drug companies deny any wrongdoing, but have agreed to the terms of the preliminary settlement in order to resolve the litigation and avoid any further expenses and inconveniences if they were to continue fighting the charges. Council for the plaintiffs Steve W. Berman stated that “the proposed settlement ensures that consumers, Medicare, and insurers have the opportunity to get back some of the money they paid for these drugs.”

On December 16, 2008 the district court will hold a hearing to consider whether this proposal is fair and adequate to cover the potential claims and attorney fees. Detailed information on the drugs, companies and claim forms can be found at AWP Track 2 Settlement.

Over five years after a fire started by the pyrotechnics of 80’s metal band Great White in a small Rhode Island concert venue killed 100 people and injured over 200 others, it appears that some closure is coming for the victims and survivors. Great White’s insurer has agreed to a settlement payout of $1 million dollars, which will be paid out to members of class action lawsuit as determined by an as-yet-undetermined formula to be written by a Duke University law professor.

This $1 million settlement is on top of roughly $175 million that defendants of multiple lawsuits stemming from the fire back in February 2003 have offered to pay to settle out of court. This includes both the state of Rhode Island and the town of West Warwick, where the club is located, who have agreed just last month to each pay $10 million. In addition to the lawsuits, tour manager Daniel Biechele pled guilty to 100 counts of involuntary manslaughter back in 2006.

With the class action lawsuit being settled out of court, it appears that some questions that could have been raised in a trial may never be answered. Among the plaintiffs is Chris Fontaine, whose son was killed in the fire and daughter was badly injured, and expressed “I just feel that we’re never going to get the answers we need that would put some of this to rest for us.” While Great White’s insurance policy had a maximum payout of $1 million, it is unclear just how much a guilty verdict in court may have been worth.