The court, in a modification of its prior opinion, ruled that Warrick’s average wholesale prices (AWPs) had no effect on medicare reimbursement and resulted in no damages to class plaintiffs. In June 2007, the court had issued favorable rulings for the company and dismissed all claims relating to Schering-Plough’s branded pharmaceutical products but found limited liability against Warrick with respect to one form of a generic product, albuterol sulfate solution, in the years 1998 and 1999. The court’s latest ruling in favor of the company reverses that finding of limited liability.
Fred Hassan, Schering-Plough chairman and CEO, said: “As we move forward with building a company that can deliver sustainable high performance, we are gratified to put another issue from Schering-Plough’s past behind us.”