Pharmaceutical and Health Care Litigation

McCulley McCluer has extensive experience litigating complex pharmaceutical cases that seek to recover damages for those entities injured by conduct that jeopardizes the safety and quality of our health care system.

We have represented a variety of plaintiffs in drug pricing litigation, including:

Drug wholesalers
Third party payors
State Medicaid Programs
State Health Plans

As a result of our experience in pharmaceutical litigation, State Attorneys General have retained McCulley McCluer to pursue complex drug pricing cases against brand name pharmaceutical companies and the nation's largest drug wholesaler for inflating the prices of numerous drugs. We have represented or currently represent Mississippi, Oklahoma and Utah in these matters.

We have also been retained by numerous local governmental entities to recover damages suffered by their self-insured prescription drug plans. Such clients include: Baltimore, Maryland; Columbia, South Carolina; City of Panama City, Florida; and Douglas County, Kansas.

Since 2010 alone our efforts in pharmaceutical pricing cases have recovered over $100 million for our clients.

For example, in In re McKesson Governmental Entities Average Wholesale Price Litigation, D. Mass., we served as a member of the Plaintiffs' Executive Committee in a class action on behalf of self-insured local governmental entities. After achieving certification of a nationwide RICO claim and defeating an attempted interlocutory appeal to the First Circuit Court of Appeals, this case settled shortly before trial for $82 million.

In addition, we have recovered in excess of $20 million for State Medicaid programs and State Health Plans in drug pricing litigation pending in various federal and state courts.

We have also have experience in "generic blocking" litigation, in which brand-name drug companies forestall competition from generic drugs through unlawful means, including filing false patents and entering into sham patent settlements. While at his former firm, Mr. McCulley litigated numerous direct purchaser antitrust cases on behalf of pharmaceutical wholesalers and was a member of the trial team in In re Terazosin Hydrochloride Antitrust Litig., S.D. Fla. ($74.5 million settlement).