Pfizer, Teva Fail to Disqualify Former Prosecutor in US Generic Drug Price-Fixing Case
Washington: Pfizer, Teva and other major drugmakers have failed to persuade a federal judge to disqualify a former prosecutor who is representing private health insurers suing the companies after he spearheaded similar antitrust lawsuits on behalf of U.S. states.
U.S. District Judge Cynthia Rufe in an order on Monday rejected the drugmakers' claims that attorney Joseph Nielsen and his law firm Lowey Dannenberg should be barred from the lawsuits because he could potentially use confidential information he acquired while working for the Connecticut state attorney general.
Rufe is presiding over antitrust lawsuits accusing dozens of general pharmaceutical companies of widespread price-fixing. She said Nielsen and his law firm can continue representing insurers Humana and Molina in four of the lawsuits, denying the drugmakers' disqualification bids.
Nielsen, a former assistant Connecticut state attorney general for nearly 20 years, oversaw U.S. states' claims that dozens of generic drugmakers conspired to inflate prices. He joined Lowey Dannenberg, a small plaintiffs-focused firm with offices in New York and Pennsylvania, last year.
Nielsen did not immediately respond to a request for comment.
Pfizer, Teva and Bausch Health, which is among the defendants, also did not immediately respond to requests for comment. Nielsen, who specialized in antitrust cases as a prosecutor, began representing Molina and Humana after joining Lowey as a partner. The firm markets its work for major insurers seeking damages for alleged overcharges for prescription drugs.
Nielsen, a former assistant Connecticut state attorney general for nearly 20 years, oversaw U.S. states' claims that dozens of generic drugmakers conspired to inflate prices. He joined Lowey Dannenberg, a small plaintiffs-focused firm with offices in New York and Pennsylvania, last year.
Nielsen did not immediately respond to a request for comment.
Pfizer, Teva and Bausch Health, which is among the defendants, also did not immediately respond to requests for comment. Nielsen, who specialized in antitrust cases as a prosecutor, began representing Molina and Humana after joining Lowey as a partner. The firm markets its work for major insurers seeking damages for alleged overcharges for prescription drugs.
Rufe said the drugmakers had not shown Nielsen holds information that may be unfairly harmful to them, and that he had not violated Pennsylvania's rules for professional attorney conduct.
The case is In Re: Generic Pharmaceuticals Pricing Antitrust Litigation, U.S. District Court for the Eastern District of Pennsylvania.
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