Report: Federal judge OKs $150M Flonase settlement

By Jessica M. Karmasek | Jun 17, 2013

PHILADELPHIA (Legal Newsline) -- A federal judge last week approved a $150 million settlement by GlaxoSmithKline over allegations that the company maintained a market monopoly on its nasal spray Flonase.

Judge Anita B. Brody of the U.S. District Court for the Eastern District of Pennsylvania gave the settlement the OK Friday, according to The Legal Intelligencer.

GSK had reached the agreement, which includes $50 million in attorneys fees, with drug wholesalers back in December.

The wholesalers -- AmerisourceBergen, Cardinal Health and McKesson -- claimed GSK abused the consumer's "petition process" to overcharge for the nasal spray by restricting access to its generic versions.

Flonase, or fluticasone, is a steroid. Often, it is used to treat symptoms such as congestion, sneezing and runny nose, typically caused by seasonal or year-round allergies.

According to its settlement agreement, GSK concluded -- despite its belief that it is not liable for the claims asserted -- that it would be "in its best interests" to settle to "avoid further expense, inconvenience, uncertainties of, and risks and delays associated with, the outcome of GSK's pending motions and/or a trial and any subsequent appeals, and the distraction of burdensome and protracted litigation."

From Legal Newsline: Reach Jessica Karmasek by email at

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