quote: Minnesota Senior Federation, consumers of prescription drugs file class action in response to drug companies' crackdown on competition from Canada
A nationwide class action lawsuit was filed on May 19th in the United States District Court for the District of Minnesota, by the Minnesota Senior Federation, consumers, and others, alleging, among other things, violations of state and federal antitrust laws by major drug companies, including Pfizer, Inc. and GlaxoSmithKline PLC.
Individual plaintiffs in the lawsuit are Eileen Iverson, president of the Senior Federation, Hugh Hawkins chair of the Federation’s Health Program Committee and Juanita Huseby a newly active MSF leader.
The focus of the lawsuit is on recent efforts by the drug companies aimed at thwarting efforts by American consumers to obtain brand name prescription pharmaceutical products through Canadian sources for personal use. The lawsuit alleges that the tactics used by the drug companies, not only impair the ability of American consumers to obtain prescription drugs in Canada lawfully, but also result in unlawfully-inflated prices to American consumers who purchase their drugs in the United States.
Most brand name prescription drugs sold in the United States are also sold in Canada. Because the Canadian government regulates prescription drug pricing, the same drug may cost up to 80% more in the United States than in Canada. As a result of this disparity, some American consumers purchase brand name prescription drugs for personal use from Canada, either by traveling into Canada or by utilizing the services of Canadian mail-order and Internet pharmacies.
To prevent this “cross-border” trade, which benefits consumers but threatens their bottom line, at least nine manufacturers of brand name prescription drugs have threatened to or actually limited or cut off supplies to Canadian pharmacies suspected of selling their products to Americans.
The lawsuit filed today by Miller Faucher and Cafferty LLP on behalf of The Minnesota Senior Federation and others seeks to challenge the drug companies' conduct in preventing legitimate competition from legal sources for prescription medication in Canada.
The lawsuit was filed in an attempt to open up legitimate avenues of competition and to seek compensation for those who have suffered the burden of paying drug prices maintained at artificially high levels.
“Everyone in the Nation is keenly aware of the health care crisis confronting American consumers,” said Marvin A. Miller, a founding partner of the firm who spoke at the Federation news conference covered by national as well as local media. “The ever-increasing cost of prescription drugs is an important dimension of the crisis. Hopefully, through this class action, we will succeed in fostering lawful competition, resulting in lower prices for brand name pharmaceutical products."
According to Dean Lemke, Executive Vice President for Issues of the Minnesota Senior Federation, the class action suit is the latest in the non-profit group’s sustained efforts to combat high drug prices. “It is necessary to engage in tactics to force change.
The Minnesota Senior Federation is involved in bus trips to Canada, mail order and Internet drug importation, and seeking legislative and administrative action. Now, because the pharmaceutical industry has not responded to those efforts, legal action is necessary.”
Plaintiffs selected Miller Faucher and Cafferty LLP, an experienced and respected class action litigation law firm as their lead counsel. Based in Chicago, Philadelphia and Ann Arbor, Miller Faucher frequently serves as lead or co-lead counsel in complex, high profile lawsuits nationwide.
Miller Faucher is particularly experienced in prosecuting antitrust litigation in the pharmaceutical industry. Additional information regarding the firm is available at www.millerfaucher.com.
MN Governor Tim Pawlenty, responding to the Federation’s lawsuit said, "Once again, the Minnesota Senior Federation is at the forefront in the fight for affordable prescription drugs. Years ago, their battle was waged with busloads of feisty seniors determined to get a better deal on their prescriptions. Today, they've headed to court.
The pharmaceutical giants' actions to cut off the medicine supply to Canadian pharmacies that serve American customers are disturbing. The Senior Federation's efforts will hopefully play an important role in bringing much-needed change to the global pharmaceutical marketplace."
Attorney General Mike Hatch has also filed a similar lawsuit against GlaxoSmithKline. Hatch said, “I applaud the Minnesota Senior Federation for filing a class action lawsuit against the pharmaceutical industry."
"This is an arrogant industry which believes it is above the law. The Minnesota Senior Federation class action suit is one more step by committed individuals to hold the Big Drug Industry accountable for their actions.”
U.S. District Judge John Tunheim was assigned to preside in the case.
The legal action is part of a multi pronged campaign by the Minnesota Senior Federation and other consumer organizations across the country to reduce the cost of prescription drugs for all Americans. Dubbed the “The Pfix Pfizer Campaign” the Campaign consists of these strategies in addition to the legal actions announced on the 19th.
Stockholder Resolutions: With the leadership of Minnesota Governor Tim Pawlenty and Attorney General Mike Hatch, the Minnesota Board of Investment (SBI) adopted a resolution to have the State of Minnesota sponsor, co-sponsor or support shareholder resolutions against the high pricing of Pfizer drugs.
Responding to a request of the Minnesota Senior Federation, Governor Pawlenty attended Pfizer’s annual stockholder meeting on April 22nd and spoke in support of a 2004 stockholder resolution prepared by The Interfaith Center on Corporate Responsibility Citizen protests and demonstrations will also take place that day by other Pfix Pfizer coalition members in Missouri, Indiana, Illinois and New York.
Congressional Action: With the leadership of Senators Byron Dorgan (D-ND). Olympia Snowe (R-ME), Edward Kennedy (D-MA), John McCain (R-AZ), Tomas Dashle (D-SD), Trent Lott (R-MS), Debbie Stabenow (D-MI), and Mark Dayton the Pharmaceutical Market Access and Drug Safety Act of 2004 (S-2328) has been introduced and is in active consideration by the Senate.
The Act will allow prescription importation by individuals, US wholesalers and pharmacies from FDA approved facilities in up to twenty countries and provides gaming provisions that will penalize Pfizer and other pharmaceutical companies that jeopardize the health and safety of Americans by cutting off supply of their medication to Canada.
Canadian Bus Trips: Since 1995 the Federationhas pioneered drug runs to Winnipeg, Manitoba to illuminate the need for affordable medications for all Americans. These trips are now provided free to seniors through the generosity of Senator Mark Dayton who contributes his salary to the MnSF trips where senior are saving an average of 49% on their drug costs.
Consumer Actions and Boycott: On behalf of thousands of older people in Minnesota, the Senior Federation is joining with senior consumer organizations in more than ten states to call for a major consumer boycott of Pfizer’s over-the-counter medications. Through the “Pfix Pfizer Campaign” the senior consumers are asking all consumers to boycott not only Rolaids, but also all of Pfizer’s over the counter medications.
“Pfix Pfizer” campaign buttons and postcards, to be sent to Pfizer and government officials, are being distributed by the thousands through senior consumer organizations, churches, community centers and on the Internet.
To get “Pfix Pfizer” materials call the Federation at 651-645-0261 or from Greater Minnesota 1-877-645-0261
Miriam Reibold of the Minnesota Senior Federation said, “We would ask all Minnesota Senior Federation members and the public to do everything they can to reverse Pfizer’s decision, and to prevent other large drug manufacturers from implementing a similar policy. If other companies follow suit, older Americans will not be able to purchase their drugs from Canada; this is, of course, what Pfizer wants to accomplish so that older Americans will have to pay their exorbitant and inflated prices. Pfizer should be concerned about the safety of millions of Americans who will not be able to afford necessary prescription drugs manufactured by Pfizer.”
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dmiller
And the Minnesota reply to all this is ---
from --- THIS SITE
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WhiteDove
EEk I better stock up on my Canada Dry mixers they may be next.
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