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Assessing the First DataBank settlement: dramatic shake-up or status quo?

Joshua Golden¹

¹Hewitt Associates.

Benefits Quarterly

|December 4, 2008

Summary

First DataBank (FDB) allegedly inflated prescription drug prices, costing consumers billions. A tentative settlement was reached in 2006, but court approval is pending.

Area of Science:

Health Economics
Pharmaceutical Policy
Legal Settlements

Background:

First DataBank (FDB) is a major publisher of average wholesale price (AWP) data for prescription drugs.
AWP data significantly influences drug pricing throughout the U.S. distribution system.

Purpose of the Study:

To report on the tentative legal settlement involving First DataBank (FDB).
To outline allegations of questionable activities by FDB impacting drug costs.

Main Methods:

Analysis of allegations concerning FDB's pricing practices.
Review of the terms of a tentative legal settlement.

Main Results:

FDB faced allegations of activities that resulted in an estimated $7 billion in overcharges.

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The alleged overcharges occurred between August 2001 and March 2005.

A tentative legal settlement was agreed upon in 2006.

Conclusions:

The proposed settlement addresses significant financial impact on consumers and payers.
Final court approval is required for the settlement details to be enacted.