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Westlaw News

AmerisourceBergen must face derivative suit over contaminated chemo drugs

Drug wholesaler AmerisourceBergen Corp and some of its executives and directors must face a shareholder lawsuit over its sale of unsterile chemotherapy drugs and payments of kickbacks to doctors, which have already resulted in $885 million in criminal and civil penalties, a Delaware judge has ruled.

Vice Chancellor Sam Glasscock of the Delaware Chancery Court said that the 2019 lawsuit was the “rare” derivative case in which shareholders successfully pleaded that it would have been futile to demand that the board sue on their behalf, because board members themselves could be liable.

To read the full story on Westlaw Today, click here: bit.ly/3hrQxOC

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