West Morris Pediatrics, P.A. v. Henry Schein, Inc.

DUMONT, J.S.C.

Introduction

This matter is a putative class action filed by two New Jersey medical practices individually and on behalf of a nationwide class of physicians, hospitals and other healthcare providers arising out of the purchase price of flu vaccine for the 2001-2002 flu season.1 The plaintiffs, West Morris Pediatrics (“West Morris”) and Aven-el-Iselin Medical Group (“Avenel-Iselin”), allege they orally contracted with the defendant Henry Schein Inc., a medical supplies distributor doing business as “Caligor,” to purchase the vaccine at a “guaranteed pre-booked price.” (Clarke Aff.…