“Lidoderm Buyers, Payors Near Cert. in Pay-for-Delay MDL,” Law360
November 29, 2016
A California federal judge indicated Tuesday he's inclined to certify a putative class of indirect drug buyers and a class of end-payors in a pay-for-delay multidistrict litigation against Endo Pharmaceuticals and others over the Lidoderm pain relief patch, saying that although the process of apportioning damages might be complex, that's not a reason to deny certification.
Even though the buyers and end-payors propose to calculate aggregate damages using various complex methods and don’t rely on specific evidence of harm suffered by an individual class member, their methods plausibly show the classwide impact of the alleged violations and certification shouldn't be denied based on the complexity of those calculations, U.S. District Judge William H. Orrick said during a hearing Tuesday.