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IN RE LUPRON MARKETING AND SALES PRACTICES LITIG.

Nos. 10-2494, 11-1329.

677 F.3d 21 (2012)

In re LUPRON MARKETING AND SALES PRACTICES LITIGATION. Audrey Rohn, individually and as executrix of the estate of Dennis Rohn; Barbara Sensing; Valerie Samsell, Plaintiffs, Appellants, Milton Greene; Crossroads Acquisition Corp.; William M. Porter; Liberty National Life Insurance Company; United American Insurance Company; Cobalt Corporation; AETNA, Inc., Plaintiffs, William M. Porter, Plaintiff, Appellee, v. TAP Pharmaceutical Products, Inc.; Abbott Laboratories; Takeda Pharmaceutical Company, Limited, Defendants, Dana Farber/Harvard Cancer Center, Interested Party, Appellee.

United States Court of Appeals, First Circuit.

Decided April 24, 2012.

Attorney(s) appearing for the Case

Donald E. Haviland, Jr. , with whom Michael J. Lorusso and Haviland Hughes, LLC were on brief, for appellants.

Thomas M. Sobol , with whom Edward Notargiacomo , Hagens Berman Sobol Shaprio LLP, Jeffrey L. Kodroff , John A. Macoretta , Specter Roseman & Kodroff, P.C., David S. Stellings , Daniel R. Leathers , Lieff Cabraser Heimann & Bernstein, LLP, Lisa M. Mezzetti , and Cohen Milstein Sellers & Toll PLLC were on brief, for appellee William M. Porter.

Martin M. Fantozzi , with whom Mariana Korsunsky and Goulston & Storrs, P.C. were on brief, for appellee Dana Farber/Harvard Cancer Center.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.

LYNCH, Chief Judge.

Appellants, a small dissident group ("the Samsell plaintiffs"), are within a larger class of medical patient consumers in a case alleging fraud in overcharging for the medication Lupron. These plaintiffs, along with insurers and private health care providers, have achieved a major settlement agreement which was approved by the district court. The total amount of the settlement was $150 million, of which...

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