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State of Hawaii


Heart drug settlement
may net state $165,000


Star-Bulletin staff

Hawaii expects to receive about $165,000 out of a proposed $80 million settlement of an antitrust lawsuit filed by state attorneys general involving the heart medication Cardizem CD.

The lawsuit, filed in Michigan's federal court in 2001, alleged that Aventis Pharmaceuticals Inc., Andrx Corp. and affiliated entities illegally agreed that Andrx would not market a less expensive generic version of Cardizem CD in return for $90 million from Aventis.

The lawsuit charged that delays in marketing the generic drug resulted in higher prices for consumers and government agencies.

Hawaii Attorney General Mark Bennett, announcing the 50-state settlement, said it "sends a message to the large prescription drug companies that illegally conspiring to keep less expensive medications out of the hands of consumers will not be tolerated."

Aventis and Andrx are required under the settlement to pay $80 million into a fund to compensate consumers, state agencies and insurance companies that overpaid for Cardizem CD and its generic equivalents between 1998 and January this year.

An earlier, $110 million settlement was reached between the companies and drug wholesalers regarding the same alleged violations, so the drug companies must pay a total of more than $190 million.

The proposed settlement was filed Monday with the Federal District Court in Detroit. If approved, states will start a claims administration process this summer for consumers who bought Cardizem CD or its generic equivalent during the past five years.



Department of the Attorney General



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