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Wholesaler Dropped As Lead In ADHD Drug Antitrust Suit

Law360 (July 8, 2020, 5:25 PM EDT) — A Massachusetts federal judge disqualified wholesaler Rochester Drug Co-Operative from leading a class of direct purchasers accusing pharmaceutical companies Actavis and Shire of conspiring to delay sales of a generic version of the ADHD medication Intuniv.

The drug wholesaler’s separate Chapter 11 bankruptcy filing in which Actavis and Shire are creditors creates a clear conflict of interest, U.S. District Judge Allison Burroughs ruled on Wednesday. Rochester filed for bankruptcy roughly 11 months after the Department of Justice filed criminal charges alleging it sold prescription opioids to pharmacies despite clear evidence the drugs were being diverted for illicit use.

Despite disqualifying Rochester…

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