Plaintiffs Win Key Ruling in AWP Case

US District Court Judge Patti Saris rejected defendants' claim that while the AWP data was termed "average wholesale price," Congress and others responsible for setting reimbursements inherently understood that the figures were not accurate, and had little reflection on the actual average wholesale price, but rather was a benchmark used for negotiation purposes.

The judge ruled that "determining the plain language meaning of the regulatory and statutory term "average wholesale price" is a straightforward exercise that begins with the dictionary." Judge Saris goes on to cite Webster' New International Dictionary of the English Language entries for the words 'Average,' 'Wholesale,' and 'Price.'

According to lead trial attorney Steve Berman, this ruling is significant, and provides the plaintiffs a big boost as the trial date nears. Opening arguments are set for Monday, November 6th in Boston.


About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices nine cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List seven times. More about the law firm and its successes can be found at Follow the firm for updates and news at @ClassActionLaw.

Ashley Klann
[email protected]


Hagens Berman purchases advertisements on search engines, social media sites and other websites. Transmission of the information contained or available through this website is not intended to create, and receipt does not constitute, an attorney-client relationship. If you seek legal advice or representation by Hagens Berman, you must first enter a formal agreement. All information contained in any transmission is confidential and Hagens Berman agrees to protect information against unauthorized use, publication or disclosure. This site is regulated by the Washington Rules of Professional Conduct.