Plaintiff Class Wants Bristol-Myers AWP Deal Enforced

By Erin Coe

Law360, New York (February 17, 2010, 6:40 PM ET) -- A group of consumer class plaintiffs has urged a federal court overseeing average wholesale price litigation with Bristol-Myers Squibb Co. to enforce a $13 million settlement the two parties struck in 2007, claiming the drugmaker and class counsel have negotiated a new deal that cuts into the group’s recovery amount.

The Class 1 consumer subclass of Medicare beneficiaries lodged a motion Tuesday in the U.S. District Court for the District of Massachusetts, alleging that class counsel was supposed to seek preliminary approval of the 2007 deal,...
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