Judge Throws Out Suit Accusing Bergen, Others of Price Fixing

A federal judge in Chicago has thrown out a price-fixing lawsuit against several major drug manufacturers and wholesalers, including Orange-based Bergen Brunswig Corp.

Judge Charles P. Kocoras ruled Monday that lawyers for a nationwide class of pharmacies who had brought the action failed to present evidence of their allegations in a jury trial this fall, said a plaintiffs’ lawyer. Kocoras blocked the case from going to the jury for a verdict.

Officials for Bergen Brunswig couldn’t be reached for comment.

Lawyers for the plaintiffs--a class of drug retailers ranging from tiny mom-and-pop pharmacies to mass merchants--are expected to appeal.

Previously, several drug companies originally listed as defendants settled by agreeing to pay a total of $720 million. The companies admitted no wrongdoing.

Lawyers predicted that Kocoras’ decision Monday won’t affect three related cases that have yet to come to trial in his courtroom.

Plaintiffs in those cases--independent drug stores, drug chains and grocery stores--broke off from the class action and filed their own lawsuits. In each case, the plaintiffs allege defendants conspired to fix prices and discriminated in drug pricing against retailers.

Plaintiffs in the class-action lawsuit and the other three cases seek billions of dollars in damages.

In a recent securities filing, Bergen Brunswig stated that drug manufacturers have agreed to cover any damage award in excess of $1 million against the wholesaler.