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Prominent AIDS Activists Join Lawsuit Challenging Anticompetitive Practices by Gilead and Others

Today, AIDS activists Gregg Gonsalves, Brenda Goodrow, Andrew Spieldenner, Peter Staley, Robert Vázquez, and Jason Walker joined with other consumers in filing an antitrust complaint in federal court in San Francisco against some of the nation's largest pharmaceutical manufacturers, including Gilead Sciences, Inc., Bristol-Myers Squibb Company, and Johnson & Johnson, Inc.'s subsidiary Janssen R&D Ireland. The case is Peter Staley, et al. v. Gilead Sciences, Inc.et al., No. 3:19-cv-02573, filed in the United States District Court for the Northern District of California.

Coalition of Consumers, Activists, and Payors Sues over Anticompetitive Practices on HIV Medicines

Today a coalition of consumers, AIDS activists, and union health & welfare funds filed an antitrust complaint in federal court in San Francisco against some of the nation's largest pharmaceutical manufacturers, including Gilead Sciences, Inc., Bristol-Myers Squibb Company, and Johnson & Johnson, Inc.'s subsidiary Janssen R&D Ireland.

H&S Argues to Sustain Class Action Lawsuit Involving Blockbuster Diabetes Drug

In October 2018 Steve Shadowen appeared on behalf of end-payors before Judge Abrams of the Southern District of New York to argue against defendants’ motions to dismiss class action claims that end-payors are pursuing against Takeda Pharmaceutical Co. The case involves the blockbuster anti-diabetic drug, Actos, which generated over $3 billion in annual sales.

H&S reaches settlement on behalf of Solodyn purchasers

April 5, 2018 - A Massachusetts federal judge gave her initial approval Thursday to Impax Laboratories Inc.’s $20 million mid-trial settlement with a class of consumers and insurers. 

The suit claimed that Impax unlawfully delayed the launch of its generic acne medicine for three years in exchange for a $40 million payment from Medicis Pharmaceutical Corp., the maker of Solodyn. 

Judge Casper said the settlement “was concluded after arm’s-length negotiations by experienced counsel on behalf of the certified end-payor class.”

The settlement with Impax marks the conclusion of the case. Before trial, the “end-payor” class reached settlements with the other defendants totaling $23 million.

H&S is lead trial counsel for plaintiffs in pay-for-delay trial

March 19, 2018 - Steve D. Shadowen of Hilliard & Shadowen LLP, an attorney for the consumer class, pressed Impax Vice President of Litigation Margaret Snowden on direct examination about a list of payments tucked into the joint development agreement. The document, presented on a screen inside the courtroom, showed several payments of $2 million, $3 million or $5 million from Medicis to Impax tied to specific benchmarks, such as U.S. Food and Drug Administration approval of future joint projects.

A one-time, $40 million payment was also made within five days of the signing of the 2008 accord, the document showed. Shadowen suggested that the money was not needed to close either the license and settlement agreement or the joint development agreement, but was meant to push Impax to delay launching its generic Solodyn by three years.

H&S garners major settlement for purchasers of Aggrenox

A proposed class of indirect Aggrenox reached a $54 million settlement agreement with Teva Pharmaceutical and Boehringer Ingelheim over allegations the companies blocked generic alternatives to the stroke-prevention drug from coming to the market.

Their claims are part of a sprawling multidistrict litigation accusing Boehringer and Teva unit Barr Pharmaceuticals of orchestrating a $120 million pay-for-delay deal to keep generic versions of Aggrenox off of the market.