Genentech, Inc., Herceptin (Trastuzumab)

This docket consolidates claims brought by cancer-treatment providers who purchased multi-dose vials of the oncology drug Herceptin, alleging that the manufacturer's labeling overstated the amount of active drug each vial actually contained, meaning providers received less usable medication per vial than the label represented. Centralized in the Northern District of Oklahoma in 2016, the docket carries 12 pending actions and has a documented appellate history: a Tenth Circuit ruling in 2020 reversed an earlier grant of summary judgment for the manufacturer on federal preemption grounds and returned the case for further proceedings.

For a funder, this is an institutional purchaser-overcharge claim, not a personal-injury or consumer matter: the plaintiffs are cancer-treatment providers with documented purchase histories and drug-utilization records, and damages can be modeled directly from the volume of vials purchased and the alleged labeling-versus-actual-content shortfall, an unusually clean, quantifiable damages theory relative to many mass-tort or consumer-labeling disputes. The Tenth Circuit's reversal of the preemption defense meaningfully de-risked the plaintiffs' path forward relative to where the litigation stood after the initial district court ruling.

That profile supports inventory finance for a group of treatment providers or a firm representing multiple similarly situated purchasers, since claim value scales in a reasonably predictable way against documented vial-purchase volume. Criterica Capital's commercial litigation finance line applies well here, with underwriting focused on each provider's purchase records during the relevant period rather than a contested general-liability theory. A structure and litigation brief on the current claim population and procedural posture is also available.

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.