7th Circuit Revives Claims Against Becton Dickinson

The 7th US Circuit Court of Appeals reinstated a potential class action accusing Becton Dickinson, two group purchasing organizations and several distributors of conspiring to raise prices of hypodermic syringes, “safety” syringes, and IV catheters. 

The decision on Friday, March 6, gives health care providers Marion Diagnostic Center, Marion Healthcare, and Andron Medical Associates a chance to beef up their claims that Becton’s arrangements with Premier, Vizient, Cardinal Health, McKesson Medical-Surgical, and others violate federal antitrust laws.

The plaintiffs, who are health care providers, allege that Becton, Dickinson & Co. (Becton) illegally dominated the markets for conventional syringes, safety syringes, and safety IV catheters. Becton is accused of using exclusionary contracts and rebates to keep rival manufacturers out of these three markets. As a result of its actions, Becton has been able to charge higher prices for its products and impede the introduction of safer options, such as syringes with a much lower risk of needlesticks that transfer HIV, hepatitis B, and hepatitis C to nurses and other care providers

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