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October 20, 2005
For Immediate Release |
Contact: Albert O'Leary
212-298-9190
or Joseph Mancini
212-298-9150
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PBA WINS PRESCRIPTION BATTLE
The New York City PBA, as a representative for a nationwide class
of purchasers of the arthritis drug Relafen, received approval of
a $75 million settlement with drug company GlaxoSmithKline (GSK),
who the PBA alleged unlawfully obtained a patent for Relafen in
order to keep cheaper generic drugs off the market.
The action was originally filed in January 2002 in Boston's Federal
District Court by Patrick J. Lynch, president of the New York City
Patrolmen's Benevolent Association, on behalf of the PBA's Health
and Welfare funds, claiming that the active and retiree funds, which
spent approximately $356,000 on Relafen during the class period,
had spent more for the GSK brand name Relafen than they would have
spent had a generic drug been available. Federal District Court
Judge William Young approved the settlement on September 30, 2005
and granted an additional $14,000 incentive award to Mr. Lynch for
being a prime mover in this case. The amount of damages to be awarded
to the PBA and other plaintiffs has not yet been determined.
Patrick J. Lynch said: “We have a responsibility to ensure
that every dollar of our members’ health and welfare funds
are used as efficiently as possible. The NYC PBA has filed numerous
suits against large profiteering drug companies who have illegally
prevented cheaper generic drugs from reaching the market in order
to keep their corporate profits artificially high. The cost of commonly
used prescription drugs has been skyrocketing because of this illegal
practice and that puts a tremendous strain on health and welfare
funds across the nation. The NYC PBA will continue to be vigilant
in our fight against illegal profiteering at the expense of our
active and retired members. We are pleased that GlaxoSmithKline
will pay back $75 million to compensate those who have illegally
been denied cheaper arthritis medication.”
The PBA was represented in this class action suit by Jeffrey J.
Corrigan of the firm of Spector, Roseman & Kodroff. Mr. Corrigan,
a former federal prosecutor in New York, can be reached at 888-844-5862.
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