July 07, 2017

Lidoderm Antitrust Litigation

Lidoderm buyers in February won class certification in multidistrict litigation against Endo Pharmaceuticals Inc. and others when a California federal judge found that both direct purchasers and end payors proved common injuries.

At a hearing in November, U.S. District Judge William H. Orrick indicated he was inclined to certify the two classes even though they may require separate, complex methods to calculate aggregate damages.

In his 52-page order in February, Judge Orrick that said the case was “more appropriate for class certification than not.” Common questions predominate even though the defendants argued that distribution in the drug market is stratified, and that various end purchasers have different agreements that raise individual questions, Judge Orrick said.

The buyers and end payors of Lidoderm in the suit say that they overpaid for the pain patch because of a reverse payment patent settlement that led to inflated costs. Endo and other defendants had argued that the plaintiffs could not show classwide proof of injury or damages from the agreement.

The case is In re: Lidoderm Antitrust Litigation, case number 3:14-md-02521, in the U.S. District Court for the Northern District of California.

The full article can be read here.