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In re Lupron Marketing & Sales Practices Litigation
Citations: 221 F.R.D. 13; 2004 U.S. Dist. LEXIS 9390; 2004 WL 758393Docket: No. MDL NO. 1430; Master File No. 01-CV-10861-RGS
Court: District Court, D. Massachusetts; February 29, 2004; Federal District Court
TAP Pharmaceutical Products, Inc. (TAP) filed a motion to compel individual plaintiffs to release their personal medical, employment, and insurance records, asserting that these records are essential for discovery related to class certification and the merits of the case. TAP highlighted the importance of evidence regarding the number of Lupron® injections received, the costs incurred, and any reimbursements from third-party payors. In response, the plaintiffs indicated that they would promptly provide relevant information but questioned the necessity of their medical records. The court acknowledged TAP's need for some discovery but concluded that the plaintiffs' medical records were not pertinent to the central issue of whether the plaintiffs had paid a fraudulently inflated price for Lupron®. The court emphasized that the plaintiffs' medical motivations are irrelevant to the question of overpricing. As a result, the motion to compel was denied.