Case Details

Year Initiated/Committed

2001

Year Resolved

2003

Settlement Amount

$80 million ($2.75 million costs)

Court

U.S. District Court for the Eastern District of Michigan

Docket Number

MDL 1278 Civil Action 01-71835; 01-CV-71

Lead State

MI, NY

Participating States

AK, AL, AR, CA, CO, CT, DC, DE, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV, WY

Defendant(s)

Aventis S.A.; Hoechst Aktiengesellschaft; Aventis Pharmaceuticals Inc.; Carderm Capital L.P.; Andrx Cooperation

Case Description

Plaintiff States sought damages and injunctive relief, alleging that Aventis, maker of Cardizem CD paid its competitor Andrx almost $90 million to refrain from introducing its generic version of Cardizem CD. The complaint alleged that Andrx gained preliminary approval from the FDA to introduce its generic version of Cardizem and that Aventis sought to prevent Biovail Corporation from selling its version of Cardizem. The parties settled with defendants, agreeing to pay $80 million to be divided between a Consumer and State Agency Settlement Fund and a Third Party Payer Settlement Fund. The Plaintiff States received $2.75 million of the settlement fund for administrative and notice costs. This money damages case was brought after the FTC obtained an injunction.