Fla. Hospital Again Denied Cert. In $867M Drug Antitrust Suit

Law360, Washington (January 14, 2013, 4:47 PM EST) -- A Florida federal judge on Monday again refused to grant class certification of an $867 million antitrust class action accusing Astellas Pharma Inc. of improperly requiring use of its Adenoscan drug with patented cardiac tests, saying there was no legal or factual reason to reconsider the denial.

U.S. District Judge Virginia M. Hernandez Covington praised Lakeland Regional Medical Center’s “creative arguments,” which claimed the court had erred when it determined the hospital couldn’t seek damages from the pharmaceutical company because it indirectly purchased brand-name adenosine, but...
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