Cases & Deals

Abbott and TAP Pharmaceutical defend against Average Wholesale Price (AWP) litigation

Client(s) Abbott Laboratories, TAP Pharmaceutical Products Inc.

Jones Day clients Abbott Laboratories and TAP Pharmaceutical Products, along with virtually the entire pharmaceutical industry, have been the subject of civil litigation alleging that drug manufacturers falsely reported the "average wholesale price," or "AWP," for various drugs in order to inflate the reimbursement paid by government and private payors for those drugs. Jones Day has represented both Abbott and TAP in all aspects of these cases, including the multidistrict consolidation of such cases pending in federal courts. Plaintiffs include the United States, Medicare beneficiaries, private health plans, state Attorneys General, and state agencies. Attorneys General have sought recovery on behalf of the states and, in some cases, their citizens in a parens patriae capacity.

In re Pharm. Ind. Average Wholesale Price Litig., MDL Docket No. 1456, 431 F. Supp. 2d 98 (D. Mass. 2006)