United States District Court – District of Massachusetts
Case No. 1:08-CV-10843-PBS

If you are a local government entity that paid for certain brand-name prescription drugs based on prices reported by First DataBank or Medi-Span, you may be able to receive substantial payments from a proposed class action settlement.

Please review all information and relevant documents on this website carefully to determine whether you need to take further action in order to protect your legal rights or receive a payment from the Settlement.

Note: The opt in form is provided with all notices of settlement to allow any class members who may have excluded themselves on or before October 31, 2011 an opportunity to opt back into the Class. If you did not opt out of the class, you may disregard the opt in form. If you are uncertain whether you opted out, please contact to the claims administrator.

Schedule Update: The Final Approval Hearing has been moved to April 19, 2012 at 3 p.m.

• There is a proposed class action settlement with McKesson Corporation (“McKesson”) known as In re McKesson Governmental Entities Average Wholesale Price Litigation, Case No. 1:08-cv-10843-PBS, pending in federal court in Boston, Massachusetts. This lawsuit concerns how brand-name drugs are priced and may affect your legal rights.



• The lawsuit says that McKesson, a large drug wholesaler, agreed with with unnamed co-conspirator First DataBank (“FDB”), a publisher of drug data, to wrongfully inflate the mark-up factor used by FDB to determine what is often called the Average Wholesale Price (“AWP”) for prescription drugs. AWP is a benchmark price published by FDB, Medi-Span, and others. Payors, including public assistance programs and public employee benefits plans that provide prescription drug benefits, often use AWP to determine the amount they will reimburse pharmacies for dispensing brand-name drugs to their program beneficiaries. The lawsuit alleges that as a result of McKesson’s and FDB’s agreement, governmental payors overpaid for over 400 brand-name prescription drugs (“Marked-Up Drugs”). McKesson denies any wrongdoing.
  


• The Court has certified a Governmental Payor Settlement Class defined as follows:
  

  
  All non-federal and non-state governmental entities in the United States and its Territories that paid for any of the drugs listed in Appendix A to the Second Amended Complaint (“Marked-Up Drugs”) based on AWP from August 1, 2001 to October 6, 2006 and that used First DataBank or Medi-Span data derived from First DataBank data in determining the AWP of the Marked-Up Drugs.

• McKesson has agreed to pay $82 million to settle the claims of the Class.

What would you like to do?

1. View or download case-related documents - HERE
2. Access instructions on how to file a Proof of Claim form by U.S. Mail - HERE
3. Contact the Administrator - HERE

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