FOR IMMEDIATE RELEASE

Kenneth A. Wexler
Partner, Wexler & Wallace
www.wtwlaw.us




Dov Apfel
Joseph, Greenwald & Laake
www.jgllaw.com





Kenneth A. Wexler, founding partner of Wexler Toriseva Wallace LLP, devotes his practice to helping those whose rights have been denied or who have been victims of the unscrupulous or fraudulent actions of others, most often more powerful entities. Founder of the firm that bears his name, Ken was also a founding partner in the firm of Miller Faucher Cafferty and Wexler, LLP. Prior to that, he was a partner in the Chicago law firm then known as Much Shelist Freed Denenberg Ament & Eiger, P.C.

Ken has been in leadership positions in cases with far-ranging subject matters, including brand name manufacturer suppression of competition from generic drugs, fraudulent and deceptive product overcharges, discrimination and harassment, corporate waste and mismanagement, cost recovery for defective medical devices, false advertising, and government fraud. Ken’s practice is devoted to complex class action and commercial litigation.

Ken has served as lead counsel in numerous high profile cases, including the following.

In Re Pharmaceutical Industry Average Wholesale Price Litigation, MDL No. 1456 (D. Mass.) (Early in 2002, WTW initiated a wave of class-actions nationwide against the dominant pharmaceutical manufacturers to stop the fraudulent publication of a fictitious price called Average Wholesale Price, or AWP. Manipulation of AWP by defendants caused federal and state governments, third party payors and consumers to vastly overpay for prescription drugs)

Ken was appointed co-lead counsel and have been actively involved in all aspects of this monumental case.
Trial began against AstraZeneca, Bristol Meyers Squibb, Johnson & Johnson and Schering Plow in November, 2006. Jennifer Connolly, another partner at WTW, has had a prominent role on the trial team.

-Nichols v. SmithKline Beecham Corp., Case No. 2:00-CV-06222-JP (E.D. Pa.) (An antitrust case in which plaintiffs alleged that several of Defendants’ patents for paroxetine hydrochloride were improperly listed in the FDA Orange Book and that Defendants’ patent infringement litigation against various generic drug manufacturers was “sham” litigation designed to keep generic versions of Paxil® off the market)
Ken, as one of three co-lead counsel, had to build the Paxil case from the ground up. The Paxil litigation is believed to be one of the first, if not the first, to allege misuse of patents to delay generic competition in a pharmaceutical market brought under Section 2 of the Sherman Act rather than Section 1.
Despite these hurdles, and after extensive discovery and investigation, the case settled for $65 million in cash. The favorable response to this hard-fought settlement was overwhelming ---- over 60,000 consumers filed claims.

-Wiginton v. CB Richard Ellis, Inc., Case No. 1:02-CV-06832 (N.D. Ill.) (A nationwide class-action brought by WTW seeking to remedy systemic sexual harassment in the offices of CB Richard Ellis nationwide)

-New England Carpenters Health Benefits Fund v. First DataBank, Case No. 1:05-CV-11148 (D.Mass.) (Ken is co-lead counsel in this matter alleging a conspiracy to suddenly increase the published spread between Average Wholesale Prices and Wholesale Acquisition Cost for pharmaceuticals in the 2001-2002 time frame, causing end purchasers to pay billions of dollars extra for needed pharmaceuticals. The case has settled against one defendant and preliminary estimates pin the savings to consumers and third party payors resulting from the settlement at $4 billion. The case is still pending against another alleged co-conspirator in the United States District Court sitting in Boston.)

-In re BP Products North America, Inc. Antitrust Litigation, MDL No. 1801 (N.D. IL) (Ken has again been appointed interim co-lead class counsel, representing purchasers of propane who were injured by BP’s alleged unlawful manipulation of the price of propane gas after it cornered the TET propane market in February 2004)

Dov Apfel is recognized by lawyers throughout the United States as a "child advocate" who devotes his practice to the representation of children with cerebral palsy and other brain injuries.  He was selected by his peers to be included in the upcoming 2006 edition of The Best Lawyers in America and he also was named by Washingtonian Magazine in 2005 as one of the top lawyers in his field in the Washington DC metropolitan area. Mr. Apfel is the former chairperson of the Medical Negligence Section of the Maryland Trial lawyers Association and the former co-chair of the Birth Trauma Litigation Group of the Association of Trial Lawyers of America.

Mr. Apfel has chaired several national medical-legal conferences on cerebral palsy and obstetrical malpractice. He also has authored many articles and lectured on numerous subjects concerning cerebral palsy, electronic fetal monitoring, asphyxia, pitocin, meconium, placental pathology, vaginal birth after cesarean section (VBAC), neonatal stroke, hypoxic ischemic encephalopathy, meconium aspiration, chorioamnionitis, maternal infection, group B strep infection, vacuum extraction and forceps, and other topics that routinely arise in cerebral palsy and obstetrical malpractice litigation.

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Kenneth A. Wexler
Partner, Wexler Toriseva
& Wallace
www.wtwlaw.us


Dov Apfel
Joseph, Greenwald & Laake
www.jgllaw.com