CSL and Plasma Protein Therapeutics Association Agree to Pay $64 Million to Settle Plasma-Derivative Protein Therapies Antitrust Case

Posted: 10/08/2013 | Share This Post

(CHICAGO, IL)  CSL Limited, CSL Behring LLC, CSL Plasma, Inc. (collectively, “CSL”), and the Plasma Protein Therapeutics Association (“PPTA”) have agreed to pay $64 million USD to settle a lawsuit brought by the University of Utah Hospital and other health care providers alleging that CSL, the PPTA, and Chicago-based Baxter, Inc. conspired to restrict the supply of Immunoglobulin and Albumin, and thereby increase the prices of those therapies. 

Charles Tompkins of Williams, Montgomery & John Ltd. and Richard Koffman of Cohen Milstein Sellers & Toll, PLLC are the lead Court-appointed counsel representing the proposed class of distributors, hospitals, and other healthcare providers with which the settlement was reached.    

“The bold decision of CSL and PPTA to pay $64 million to class members in order to settle this four-year old litigation is, in our view, a very positive move for the purchasers of Immunoglobulin and Albumin, and, ultimately, for CSL and PPTA as well,” said Mr. Tompkins.  CSL and PPTA are the first defendants to settle.  The case will continue against Baxter.  Plaintiffs moved on September 6 for certification of a litigation class; that motion remains pending.

“We are pleased to have obtained significant monetary relief for direct purchasers of Immunoglobulin and Albumin,” said Koffman, “we look forward to continuing this litigation against Baxter to obtain further relief for direct purchasers of these crucial, life-saving therapies.”

The settlement must be approved by United States District Judge Joan B. Gottschall of the District Court for the Northern District of Illinois. A hearing on preliminary approval of the settlement is expected later this fall.

Williams Montgomery & John Ltd. is a nationally-recognized litigation boutique focusing on complex commercial litigation.  Founded in Chicago in 1967, the firm’s nationally-respected attorneys have extensive experience in jury and bench trials, as well as arbitrations, and have been selected as the “go to” firm for high-stakes litigation by clients ranging from large multinational companies to entrepreneurial start-ups.