Pharmaceutical Industry Average Wholesale Price

Keller Rohrback L.L.P. is involved in litigating this antitrust action proceeding in the United States District Court for the District of Massachusetts. The case was brought on behalf of consumers, self-insured employers, health and welfare plans, health insurers and other end-payors for prescription drugs. The claims against numerous of the nation’s pharmaceutical companies allege that these companies created a fictitious price index for certain drugs known as the Average Wholesale Price (AWP) which exceeded the actual price for these drugs. Using that inflated price index certain providers such as physicians and pharmacies could secretly profit by overcharging patients and their insurers through their co-pays or direct payments which were based upon the AWP for the drug rather than the actual price charged.

To date this matter has resulted in settlements with several defendants that have recovered over $340m for class members.