Legal Opinion

Commonwealth Care Alliance v. AstraZeneca Pharmaceuticals, L.P.

Massachusetts Superior Court

Decided August 5, 2013No. SUCV200500269BLS2Published

1Opinion of the Court

Sanders, Janet L., J.

This is a class action pursuant to G.L.c. 93A for an allegedly deceptive marketing program conducted in connection with the prescription drug Nexium. Specifically, plaintiffs allege that defendant AstraZeneca Pharmaceuticals, L.P. (Astra-Zeneca) promoted Nexium to Massachusetts consumers and third-party payors by falsely claiming that the drug was superior to AstraZeneca’s own (earlier) drug Prilosec at a time when Prilosec was about to lose patent protection and become available to patients in a cheaper generic form. Filed in 2005, the case was settled just two weeks…

2Cases cited4 opinions

  1. DePriest v. Astrazeneca Pharmaceuticals, L.P.Supreme Court of Arkansas · 2009
  2. Prohias v. ASTRAZENECA PHARMACEUTICALSDistrict Court of Appeal of Florida · 2007
  3. NERYS v. SanchezSupreme Court of Florida · 2007
  4. Brooks Automation, Inc. v. Blueshift Technologies, Inc.Massachusetts Superior Court · 2006

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