Cases & Investigations

Adriana Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc. Lawsuit

CASE NUMBER: 11-cv-07178
PRACTICE AREAS: Antitrust
PRODUCT: Pediatric vaccines
CASE STATUS: Settled
SETTLEMENT AMOUNT: $61.5 million
COURT: United States District Court for the District of New Jersey

Berger & Montague was appointed co-lead class counsel to represent a class of physicians and other direct purchasers of vaccines from defendant Sanofi Pasteur Inc. (“Sanofi”). Plaintiffs charge that Sanofi has used a network of physician buying groups to implement a web of anticompetitive product bundling agreements.

These anticompetitive agreements have allowed Sanofi to maintain and increase its monopoly power in various pediatric vaccine markets, which in turn allows Sanofi to charge artificially-inflated prices for multiple pediatric vaccines.

About the case

In July 2012, Plaintiffs defeated Sanofi’s motion to dismiss, won a motion to strike Sanofi’s counterclaim, and turned back Sanofi’s motion to stay discovery.

On September 30, 2015, U.S. District Judge Madeline Cox Arleo granted class certification to over 26,000 pediatricians, medical practices, vaccine distributors, and health systems that purchased meningitis vaccines from defendant Sanofi Pasteur Inc. The court simultaneously denied Sanofi’s motion to exclude plaintiffs’ class experts following a three-day Daubert hearing that was held earlier in September. Managing shareholder Eric L. Cramer, shareholder Michael Kane, and associate Zachary D. Caplan oversaw the class certification and Daubert briefing and conducted the three-day Daubert hearing.

On October 23, 2017, the Court granted Plaintiffs’ motion for final approval along with an award of attorneys’ fees, reimbursement of expenses, and payment of service awards to the class representatives.

Lead Attorneys: Eric L. Cramer, Michael J. Kane

Lead Attorneys

Eric L. Cramer Headshot

Eric L. Cramer

Managing Shareholder
Michael Kane Headshot

Michael J. Kane

Shareholder

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