Labaton Sucharow Appointed to the Plaintiffs' Steering Committee in Xyrem Pay-for-Delay Case

On February 22, 2021, Judge Lucy H. Koh (ND Cal) appointed Partner Karin Garvey to the plaintiffs’ steering committee in a pay-for-delay case accusing the pharmaceutical companies Jazz of paying off rival drugmakers to delay their generic versions of Xyrem, its blockbuster narcolepsy drug.

On June 30, 2020, Labaton Sucharow filed a complaint, on behalf of Plaintiff UFCW Local 1500 Welfare Fund and other persons or entities who purchased or reimbursed for purchases of Xyrem, seeking to restrain the anticompetitive conduct and to pursue damages to compensate those who have overpaid, and continue to overpay, for Xyrem.

The case, In re: Xyrem (Sodium Oxybate) Antitrust Litigation, consolidates numerous lawsuits alleging defendants executed an anticompetitive scheme to impair and delay generic competition in the market for Xyrem, which culminated in unlawful payoffs to Jazz’s would-be generic competitors.  In appointing counsel, Judge Koh “recognize[d] that this antitrust multi-district litigation will require significant resources from Plaintiffs’ counsel.”