Goodkind Labaton Rudoff & Sucharow LLP (GLRS) has filed a class action lawsuit against GlaxoSmithKline charging the drug manufacturer is illegally maintaining a monopoly over the antibiotic Augmentin. GLRS is representing New York State''''s largest union, New York State United Teachers which represents some 480,000 classroom teachers, other school employees and retirees; academic and professional faculty at the state''''s community colleges, State University of New York; and other education and health officials, and its largest local union, the 130,000-member United Federation of Teachers Welfare Fund in New York City, in the class action suit. NYSUT is affiliated with the American Federation of Teachers, AFL-CIO.

Barbara Hart, a partner at GLRS, in describing some of GlaxoSmithKline''''s conduct pointed out that, "GlaxoSmithKline has gone so far as to try to assert patent protection over their version of the drug touting the fact that they put it in a bottle with a cap and a desiccant. That''''s been the state of the art since 1974, certainly not a patentable new utility. Even shoe manufacturers know a lid and a desiccant keep shoes fresh."

New York State United Teachers Executive Vice President Alan B. Lubin, chairman of the New York State AFL-CIO Prescription Drug Task Force, said, "The suit is part of NYSUT''''s three-pronged approach to attacking the high cost of prescription drugs in New York State."

"In addition to legal action, NYSUT is lobbying lawmakers to pass legislation to put a cap on prescription drug costs," Lubin said. "We''''re also pushing the state for new regulations to limit drug advertising, which encourages some people to seek out prescription drugs that they don''''t really need."
The suit, filed in the Southern District, U.S. District Court in New York, alleges that GlaxoSmithKline has engaged in unjust practices to suppress competition from generic alternatives to Augmentin, which could be offered to consumers at lower cost. The suit seeks monetary damages and injunctive relief under federal and state antitrust and related laws.
The AFL-CIO Prescription Drug Task Force is sponsoring a series of meetings across the state to help bring attention to the prescription drug crisis. The first public meeting, co-sponsored by NYSUT, was held in Albany in late June, where Ms. Hart was an invited speaker. Future meetings are planned for Rochester, Buffalo and New York City. GLRS and various AFL-CIO affiliates are also pursuing claims where brand-name manufacturers are allegedly colluding.