Settlement Structure: Claims Made
Active: Open
Case Summary:This settlement resolves a class action on behalf of third-party payors who paid for or issued reimbursements for Daraprim. The complaint alleged that the defendants, Vyera Pharmaceuticals, LLC, Phoenixus AG, Martin Shkreli, and Kevin Mulleady violated antitrust laws with a scheme to thwart generic competition for the drug.
A separate government action against Shkreli, a founder of Vyera, has found him liable on all claims and, among other things, banned him for life from the pharmaceutical industry.
Docket Number:21-cv-1884-DLC
Company: Vyera Pharmaceuticals, LLC
Filing Deadline: June 1, 2022
Class Period: August 7, 2015 to January 28, 2022
Objection Deadline: May 23, 2022
Exclusion Deadline: April 18, 2022
Final Approval Hearing: June 17, 2022
Proof of Purchase:The Claim Form says that the Claims Admnistrator may request supporting documentation, and that you must submit claims data and information in support of your purchase amounts if the total net amount of your claim is more than $100,000. See the Claim Form for additional information on what must be provided.
Eligibility:You may be eligible if you are a third-party payor, who paid for or provided reimbursement for some or all of the price of Daraprim, for consumption by your members, employees, insureds, participants, or beneficiaries and not for resale, between August 7, 2015 and January 28, 2022. For exclusions, see the Notice at the settlement website.
Typical Settlement Amount:Up to $28 million into a class settlement fund, including an upfront $7 million payment and up to $21 million more in class contingent payments over time, which will be based on revenues earned by the defendants. Money will be distributed according to a Plan of Allocation. The Notice says, “The compensation provided for under the Settlement comes from a Global Settlement Fund that was established pursuant to a related government lawsuit against the Defendants” by the Federal Trade Commission. For more information, see the Settlement Agreement or the Notice at the Settlement Website.
Total Settlement Amount: Up to $28 million
Class Representative Proposed Incentive Fee:Unknown
Law Firm:
Robins Kaplan LLP
Claim Form: Daraprim Third-Party Payors Settlement Claim Form
Case Name: BCBSM, Inc. v. Vyera Pharmaceuticals, et al.
Settlement Website: Daraprim Third-Party Payors Settlement Website
Claims Administrator:
AB Data, Ltd.
Daraprim TPP Settlement
c/o A.B. Data, Ltd.
P.O. Box 173115
Milwaukee, WI 53217
info@DaraprimTPPSettlement.com
877-316-0144
