Thomas M. Sobol
In June 2005, HBSS filed an antitrust lawsuit on behalf of a class of consumers and third party payors against pharmaceutical manufacturers Abbott Laboratories and Fournier Industries concerning the brand name cholesterol drug Tricor. HBSS was appointed co-lead class counsel by the Court.
According to the lawsuit, beginning in 2001 defendants manipulated the statutory framework that regulates the market for pharmaceutical drugs by instituting baseless patent litigation against generic manufacturers and switching the dosage strengths and forms of Tricor following approval of generic equivalents. The lawsuit alleges defendants tried to prevent generic substitutes of Tricor from having a meaningful opportunity to enter the market. As a result, consumers and third-party payors, such as self-insured employers, Taft-Hartley benefit funds, and insurance companies were forced to purchase Tricor, the expensive name brand as oppose to a lower-priced generic option.
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