No Class Certification in RICO case against Pfizer.

In 2004 plaintiffs lawyers were in court seeking to represent a nationwide class of consumers and third-party payers against Warner-Lambert, predecessor to Pfizer. They made RICO and fraud claims, demanding more than $4 billion in damages.  After nearly five years of trying, a class has yet to be certified.   On May 13, 2009, Boston federal district court Judge Patti Saris denied class certification for a second time.

Saris first ruled against class certification back in August 2007, citing the plaintiffs' failure to satisfy commonality, numerosity, typicality and predominance requirements. She gave them another shot, but in her latest denial ruled that class counsel still had not shown that common questions would predominate over issues affecting individual plaintiffs.

Federal court approves $350 million RICO case settlement

A federal court in Massachusetts approved a $350 million settlement. The case alleged a drug wholesaler of inflating drug prices.

Consumers brought the lawsuit against McKesson and FirstDataBank to recover some of their money back.

FirstData is a publisher of drug pricing information. The sole drug manufacturer the FirstData surveyed was McKesson. The two marked up the average price of certain drugs from 20 to 25 percent.

The suit alleged that McKesson and FirstData violated the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The complaint alleged that the companies used interstate mail to fraudulently raise the average price of McKesson’s drugs.