3rd Circ. Revives Suit Against GSK Over Avandia Injury Costs

Law360, Wilmington (June 28, 2012, 8:07 PM EDT) -- The Third Circuit on Thursday revived a proposed class action from two Humana Inc. units seeking reimbursement from GlaxoSmithKline PLC for costs borne by the insurers for treatment of Medicare patients harmed by the diabetes drug Avandia.

In a 31-page opinion, a three-judge panel found that the Medicare Secondary Payer Act does indeed hand Medicare Advantage organizations like the Humana plaintiffs, or “secondary payers,” a private cause of action against a “primary payer” like GSK.

“The language of the MSP private cause of action is broad...
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