Appeals court kicks drug lawsuit to justices

By: Associated Press//May 25, 2011//

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The states 4th District Court of Appeals wants the Supreme Court to take on a lawsuit against pharmaceutical companies accused of inflating prices. — The state's 4th District Court of Appeals wants the Supreme Court to take on a lawsuit against pharmaceutical companies accused of inflating prices.

MADISON, Wis. (AP) — A Wisconsin appeals court has asked the state Supreme Court to rule in a lawsuit accusing a prescription drug company of inflating prices.

Former Attorney General Peg Lautenschlager sued 36 drug companies in 2004 alleging they inflated wholesale prices to get larger payments from Medicaid, private insurers and consumers. Cases against 29 companies remain unresolved.

One of those companies, Pharmacia Inc., has appealed a jury verdict that the company violated state law.

State attorneys, meanwhile, have challenged a court order that reduced the number of violations from the jury’s calculations.

According to the 4th District Court of Appeals, the Supreme Court should take Pharmacia’s case directly because a ruling in it will set precedent for the other companies and the high court can provide the most definitive resolution.

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