Federal Court Certifies Class of Healthcare Providers in Herceptin Underfill Litigation

October 15, 2026 | A federal court has granted class certification on core claims brought by healthcare providers who allege that Genentech, Inc. sold underfilled 440 mg multi-dose vials of the cancer drug Herceptin (trastuzumab) that contained less medication than their labels represented.

In an Opinion and Order, the United States District Court for the Northern District of Oklahoma certified a nationwide class of providers to pursue claims for breach of express warranty and for false advertising and unfair competition under California law, and provisionally certified a related breach-of-implied-warranty claim. The ruling allows those claims to proceed collectively on behalf of an estimated thousands of purchasers nationwide, rather than requiring each provider to sue individually. The litigation is In re: Genentech, Inc., Herceptin (Trastuzumab) Marketing and Sales Practices Litigation, No. 16-MD-02700 (N.D. Okla.).

The court appointed Texas Oncology, P.A. and Oklahoma Cancer Specialists Management Company, LLC as class representatives and the law firm GableGotwals as class counsel.

According to Craig A. Fitzgerald, Shareholder and Director at GableGotwals and court-appointed class counsel, “this decision means providers who paid for 440 mg and received less can proceed against Genentech in one proceeding. We look forward to presenting this case on the merits.”

The court’s decision addresses only whether these claims may proceed as a class action. It is not a ruling on the merits, and no determination of liability has been made. The court declined to certify the plaintiffs’ fraud and unjust-enrichment claims on a classwide basis, concluding that differences among the laws of the 50 states made those particular claims unsuitable for class treatment.

Healthcare providers who purchased and administered Herceptin 440 mg multi-dose vials in the United States between July 6, 1998 and March 30, 2017 may be members of the certified class. Formal notice to class members will be provided under a schedule to be set by the court.

10th Circuit Opinion In re: MDL 2700 Genentech Herceptin (Trastuzumab) Marketing and Sales Practice Litigation

About GableGotwals
GableGotwals® is a full-service law firm with more than 100 attorneys and 70 other business professionals in Oklahoma and Texas. We represent a diversified client base across the nation, and our connections and reach are global. Fortune 500 corporations, privately owned companies, entrepreneurs, foundations, healthcare providers, and individuals entrust us every day with the stewardship and strategic management of their legal challenges.