The Delaware Supreme Court last week upheld the dismissal of a 12-year-old class action accusing AstraZeneca of consumer fraud, saying the group of third-party payor health insurers could not claim injury under applicable state laws.
In Teamsters Local 237 Welfare Fund v. AstraZeneca Pharmaceuticals, the class of union health care funds alleged that AstraZeneca falsely advertised its prescription heartburn drug Nexium as superior to the less-expensive generic Prilosec, causing them to overpay for Nexium when the less-costly generic would have sufficed.
