April 24, 2003
Sean Caine, 410-576-6357
REACH FINAL AGREEMENT WITH
General J. Joseph Curran, Jr. announced today that a final resolution
with Bristol Myers-Squibb Company that would settle the antitrust
lawsuit involving the cancer-fighting drug, Taxol has been reached.
State of Maryland, together with the other 49 states, the District
of Columbia and the five U.S. territories, will recover $55 million
to settle the states' claims for damages, penalties and individual
consumer redress. Bristol Myers-Squibb has also agreed to strong
injunctive relief for 10 years to prevent Bristol from engaging
in anti-competitive conduct in the future, and has agreed to provide
free quantities of Taxol to DEA-approved health care facilities,
provided the recipients meet certain eligibility requirements.
component of the complaint was the allegation that the manufacturer
unlawfully blocked the entry of less expensive generic drugs into
is a significant victory for the State of Maryland," said Attorney
General Curran. "This settlement will help compensate consumers,
as well as the State of Maryland, who overpaid for this drug."
settlement was filed today with U.S. Federal District Court Judge
Emmet G. Sullivan in the District of Columbia and requires approval
from the court to become effective. If approved, the Attorney General
will implement a claims administration process for consumers who
purchased Taxol or its generic equivalent between January 1, 1999
and February 28, 2003.
the settlement, the State of Maryland will also receive substantial
monies for damages incurred by certain governmental entities that
purchased the Taxol or its generic equivalent. While the ultimate
allocation among the litigating states has not yet been determined,
more than $37 million will be set aside to be divided for this purpose.