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Lawyer & Law Firm Network News
We are pleased to have on our show, Ken Wexler, founding partner of Wexler Toriseva Wallace LLP who devotes his practice to helping those whose rights have been denied or who have been victims of the unscrupulous or fraudulent actions of others, most often more powerful entities. Founder of the firm that bears his name, Ken was also a founding partner in the firm of Miller Faucher Cafferty and Wexler, LLP. Prior to that, he was a partner in the Chicago law firm then known as Much Shelist Freed Denenberg Ament & Eiger, P.C.
Ken has been in leadership positions in cases with far-ranging subject matters, including brand name manufacturer suppression of competition from generic drugs, fraudulent and deceptive product overcharges, discrimination and harassment, corporate waste and mismanagement, cost recovery for defective medical devices, false advertising, and government fraud. Ken's practice is devoted to complex class action and commercial litigation.
Ken has served as lead counsel in numerous high profile cases, including the following.
- In Re Pharmaceutical Industry Average Wholesale Price Litigation, MDL No. 1456 (D. Mass.) (Early in 2002, WTW initiated a wave of class-actions nationwide against the dominant pharmaceutical manufacturers to stop the fraudulent publication of a fictitious price called Average Wholesale Price, or AWP. Manipulation of AWP by defendants caused federal and state governments, third party payors and consumers to vastly overpay for prescription drugs)
oKen was appointed co-lead counsel and have been actively involved in all aspects of this monumental case.
oTrial began against AstraZeneca, Bristol Meyers Squibb, Johnson & Johnson and Schering Plow in November, 2006. Jennifer Connolly, another partner at WTW, has had a prominent role on the trial team.
- Nichols v. SmithKline Beecham Corp., Case No. 2:00-CV-06222-JP (E.D. Pa.) (An antitrust case in which plaintiffs alleged that several of Defendants' patents for paroxetine hydrochloride were improperly listed in the FDA Orange Book and that Defendants' patent infringement litigation against various generic drug manufacturers was ¡°sham¡± litigation designed to keep generic versions of Paxil¢ç off the market) Ken, as one of three co-lead counsel, had to build the Paxil case from the ground up. The Paxil litigation is believed to be one of the first, if not the first, to allege misuse of patents to delay generic competition in a pharmaceutical market brought under Section 2 of the Sherman Act rather than Section 1.
Despite these hurdles, and after extensive discovery and investigation, the case settled for $65 million in cash. The favorable response to this hard-fought settlement was overwhelming --- over 60,000 consumers filed claims.
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