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Teva Pharmaceuticals Copaxone Market Suppression Class Action Lawsuit Overview:
- Who: FWK Holdings LLC filed a class action lawsuit against Teva Pharmaceuticals.
- Why: FWK Holdings claims Teva suppressed competition in the market for the generic version of its multiple sclerosis drug Copaxone.
- Where: The class action lawsuit was filed in New Jersey federal court.
Teva Pharmaceuticals unlawfully suppressed competition for the generic version of its multiple sclerosis drug Copaxone, a new class action lawsuit alleges.
Plaintiff FWK Holdings, a limited liability company, claims Teva, among other things, entered into exclusionary contracts with pharmacy benefit managers and specialty pharmacies that banned the sale of the generic version of Copaxone. It also claims Teva’s alleged competition suppression was unknown until the U.S. Department of Justice filed a lawsuit against the company on Aug. 18, 2020.
Teva’s alleged misdealings were also brought to light in a report by The Committee on Oversight and Reform of the U.S. House of Representatives issued in September 2020, according to the class action lawsuit.
The committee’s report revealed that Teva, among other things, engaged in a misinformation campaign about generic versions of Copaxone, paid illegal kickbacks and “otherwise manipulated” patient copays to improve sales for the brand name version of the drug.
“Through this unlawful scheme, Teva caused Plaintiffs and the Class … to purchase brand Copaxone despite the availability of more affordable generics, causing Plaintiffs and the Class to suffer overcharges on their brand Copaxone purchases which continue to the present day,” the class action lawsuit states.
Teva Switches Market To 40mg Version To Suppress Competition
One way Teva allegedly suppressed competition was by introducing a 40mg version of Copaxone and switching the market to that dosage as a generic 20mg version neared becoming available, according to the class action lawsuit.
FWK Holdings claims this was done despite there being “no scientific rationale/value” to doing so.
“Within six months of generic entry, nearly 80% of patients had been converted to the 40mg dosage, thwarting the generic substitution that otherwise would have occurred,” the class action lawsuit states.
FWK Holdings claims Teva is in violation of 15 U.S.C. § 2 and the Rico Act, 18 U.S.C. § 1962(c). The company is demanding a jury trial and requesting injunctive relief along with damages for itself and all class members.
FWK Holdings wants to represent a nationwide class of all persons or entities who purchased brand name Copaxone from Teva since June 18, 2015.
A separate lawsuit was filed against Teva in November 2020 by a patient claiming the company sold copper IUDs that it knew could break upon being removed.
Have you purchased brand name Copaxone from Teva? Let us know in the comments!
The plaintiffs are represented by James E. Cecchi and Kevin G. Cooper of Carella Byrne Cecchi Olstein Brody & Agnello PC; Thomas M. Sobol, Jessica MacAuley and Whitney Street of Hagens Berman Sobol Shapiro LLP; Joseph M. Vanek, David P. Germaine, Eamon P. Kelly and Alberto Rodriguez of Sperling & Slater PC; Michael L. Roberts of Roberts Law Firm US PC; John Radice of Radice Law Firm; Linda P. Nussbaum of Nussbaum Law Group PC; and Joseph H. Meltzer, Terence S. Ziegler, Lisa Lamb Port and Jordan E. Jacobson of Kessler Topaz Meltzer & Check LLP.
The Teva Pharmaceuticals Copaxone Market Suppression Class Action Lawsuit is FWK Holdings LLC, et al. v. Teva Pharmaceuticals Industries Ltd., et al., Case No. 2:22-cv-01232, in the U.S. District Court for the District of New Jersey.
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2 thoughts onTeva Class Action Claims Company Suppressed Competition For Generic Version Of MS Drug Copaxone
Yes Copaxone
I’ve been taking Copaxone since 2012