AWP Track 2 Settlement
Pharmaceutical Industry Average Wholesale Price Litigation
Docket No. 01-CV-12257-PBS, MDL No. 1456

Welcome to the AWP Track 2 Settlement Website

**UPDATE 2/1/2017**

A second distribution of the remaining funds was approved by the court in December 2016. The final round of checks were mailed to consumers on January 30, 2017.

There is a Class Action Settlement with various drug manufacturers (“Defendants”) concerning approximately 200 Drugs that are listed in the Covered Drugs List.This is a class action lawsuit in the U.S. District Court for the District of Massachusetts. The name of the lawsuit is In re: Pharmaceutical Average Wholesale Price Litigation, Docket No. 01-CV-12257-PBS, MDL No. 1456.

The lawsuit claims that certain drug companies reported false and inflated average wholesale prices (“AWP”) for certain types of outpatient drugs. The Average Wholesale Price (“AWP”) is used to set reimbursement amounts that are paid by a) Medicare and its beneficiaries, b) private health insurers, and c) consumers making full cash or percentage co-payments under private health insurance plans. The lawsuit claims that Defendants reported false and inflated AWPs for the drugs at issue, which in turn raised the price consumers, Medicare, and insurers paid for the drugs.

Defendants deny the claims in the lawsuit but have agreed to pay $125 million to settle these and other related claims. This Proposed Settlement is not an admission of wrongdoing or an indication that any law was violated. The costs of administering the Proposed Settlement as well as attorneys' fees will be deducted from the Settlement Fund before distributions to Class Members.

The remaining fund will be distributed to consumers and Third-Party Payors who submit a valid claim.