Case alleges Momenta and Sandoz conspired to monopolize the production and distribution of enoxaparin, a generic version of the blood clot drug Lovenox
As reported by Law360, Chief Judge Waverly D. Crenshaw, Jr. of the United States District Court for the Middle District of Tennessee has certified a class of thousands of buyers of generic Lovenox (enoxaparin) who brought a federal antitrust case against Momenta Pharmaceuticals and Sandoz Inc. accusing the pharma companies of illegally conspiring to prevent other drug companies from competing in the sale of enoxaparin, used in the treatment of heart attacks and to prevent and control deep vein thrombosis.
The suit alleges that Momenta and Sandoz improperly used a patented chemical test to prevent other drug manufacturers from producing other generic versions of Lovenox, thereby keeping prices unfairly and artificially high. “The class will include thousands of hospitals, uninsured people and third-party buyers that indirectly bought brand-name Lovenox or generic enoxaparin in 29 states and Washington, D.C., between Sept. 21, 2011, and Sept. 30, 2015,” wrote the legal journal.
Judge Crenshaw’s Order grants plaintiffs’ motion for class certification and designates Lieff Cabraser as Class Counsel.
The Judge’s Order also denies a motion from the defendants that sought to exclude the testimony of plaintiffs’ expert witness, Dr. Russell L. Lamb. Lieff Cabraser partner Brendan P. Glackin, who represents the plaintiff class, stated “The court’s order is impressively reasoned and thorough. We are honored to be representing the victims of this misconduct and look forward to vindicating their rights at trial in January.”