The notice describes the tenor of the class action as follows:
Prescription drugs often are priced using certain benchmarks. The most commonUnder the Settlement Agreement, it appears that McKesson will pay into the Settlement Fund $350,000,000 and McKesson will not object to attorneys' fees for the plaintiffs' lawyers to the extent they do not exceed 30% of the Settlement Fund.
pricing benchmark is called the Average Wholesale Price ("AWP"). AWP is often
used in determining how much insurance companies and other Third-Party Payors
will reimburse for these prescription drugs and the co-payment price that some
consumers pay for them. The lawsuit claims that two Defendants, McKesson
Corporation ("McKesson"), a large drug wholesaler, and First DataBank ("FDB"), a
publisher of drug data, wrongfully inflated the mark-up factor used by FDB to
determine the AWP for certain prescription drugs ("Subject Drugs"). The lawsuit claims that, as a result, many drug purchasers overpaid for these drugs. Both FDB and McKesson deny any wrongdoing.
Objections must be filed with the Court by June 8, 2009.
I don't believe I am a member of the plaintiff class. This type of class action litigation that goes on significantly affects the public as a whole, and I propose to attact it as a member of the public.
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