In addition to going after the drug manufacturers for the fraudulent pricing of prescription drugs, the States of Alaska, Hawaii, Kansas and Louisiana have filed lawsuits against the major drug wholesaler, McKesson Corporation, for its role in the artificial inflation of these drug prices. These actions assert that from 2001 to 2009, McKesson associated itself with First Data Bank, Inc. to engage in a fraudulent scheme to unlawfully and artificially increase the Wholesale Acquisition Cost (WAC) to Average Wholesale Price (AWP) markup factor for a wealth of brand name prescription drugs. McKesson and First Data Bank’s deceptive practices and unlawful acts resulted in the publication of false and misleading information concerning AWPs, which the four states relied upon in making payments for brand name prescription drugs. These alleged deceptions in the reported AWPs resulted in the states making excessive payments for those brand name prescription drugs, over and above any fraudulent price reporting by the manufacturers, which is the subject matter of the related AWP lawsuits filed in the several states. The McKesson litigation is being handled by the same team of lawyers in the Section who are handling the AWP litigation.
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