Pharmaceutical pricing and reimbursement In re: Average Wholesale Price Litigation

Our client, the Joint Defense Group (JDG), represented pharmaceutical manufacturer defendants in the AWP multidistrict litigation. The JDG had to educate the court about business practices in the pharmaceutical industry, including pricing, reimbursement, and distribution.

In the first phase, CRA created a multimedia tutorial on DVD that explained pharmaceutical pricing, reimbursement, and distribution in the United States, which was submitted to the court. Subsequently, we provided expert testimony in the bench trial, explaining industry pricing practices, the regulatory environment, and the practices of other key players, including managed care organizations and pharmacy benefits managers.

The information in the DVD and related testimony served as a touchstone for the judge’s class certification determinations and later in subsequent phases of the litigation. The DVD was also publicly distributed to interested parties. CRA’s testimony in the bench trial was frequently cited as an industry authority.