Rosemarie Ryan House, et al., on behalf of themselves and all other persons and entities similarly situated, plaintiffs v. Glaxosmithkline PLC and Smithkline Beechan Corporation, defendants. Docket No. 2:02cv442, United States District Court for the Eastern District of Virginia, Norfolk Division.

Glasser and Glasser, P.L.C. (Michael Glasser and Melvin Zimm) served as local and liaison counsel for the plaintiffs and numerous counsel around the United States in this complex, anti-trust class action proceeding against a major pharmaceutical company.  Among other things, the complaint alleged that consumers paid a higher price for the drug known as Augmentin then they might otherwise have paid had generic drug manufacturers entered the marketplace sooner. The allegations were disputed by the pharmaceutical company. Ultimately, the Court certified a settlement class and approved a settlement for the “end-payor purchasers”, or consumer class, in the amount of $29,000,000, including an award of $7,250,000 in counsel fees. An appeal of this Order by the U.S. District Court was taken to the U.S. Court of Appeals for the Fourth Circuit, but later withdrawn by certain objectors to the settlement. The settlement stands.

The litigation is significant in several ways, including that it is among a very few instances of successful certifications of class action litigation in the Norfolk Division of the Eastern District of Virginia federal court. Glasser and Glasser, P.L.C. was proud to play a strong, supportive role in this matter.

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