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EpiPen Antitrust and RICO Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

A partial settlement has been reached in a consolidated class action concerning the marketing and sales of EpiPens, with Pfizer, Inc., Meridian Medical Technologies, Inc., and King Pharmaceuticals, LLC. The complaint alleged the companies violated state antitrust laws and the federal Racketeering and Corrupt Organizations (RICO) Act, harming competition and causing consumers to overpay for EpiPens.

The case is still continuing with other defendants, including Mylan NV, Mylan Specialty, LP, Mylan Pharmaceuticals, Inc., Viatris, Inc., and Heather Bresch. It is scheduled to go to trial on January 24, 2022.

Docket Number:

MDL No. 2785; 2:17-md-02785-DDC-TJJ

Company: Pfizer Inc.

Filing Deadline: November 12, 2021

Class Period: August 24, 2011 to November 1, 2020

Objection Deadline: September 24, 2021

Final Approval Hearing: October 27, 2021

Proof of Purchase:

Note that there are two different claim forms, one for individuals and the other for third-party payors. Individuals do not need to provide documentation at this time, although the settlement administrator may ask for documentation at a later date. Third-party payors must provide supporting claims data and information if they are making a net claim for more than $300,000.

Eligibility:

You may be eligible if you are

- A person or entity in the US who paid or provided reimbursement for some or all of the price of branded or authorized generic EpiPens, for consumption and not for resale, by yourself or your family members, insureds, plan participants, employees, or beneficiaries, at any time between August 24, 2011 and November 1, 2020
and
- A person or entity in the Antitrust States who paid or provided reimbursement for some or all of the purchase price of branded EpiPens, for consumption and not for resale, for yourself or your family members, insureds, plan participants, employees, or beneficiaries, at any time between January 28, 2013 and November 1, 2020.

The Antitrust States are Alabama, California, Florida, Hawaii, Illinois, Kansas, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New York, North Carolina, Tennessee, and Utah.

For exclusions, see the Notice at https://www.epipenclassaction.com/documents/EpiPen%20LF%20Notice%20(004)%20FINAL.pdf.

Typical Settlement Amount:

The net settlement fund will be divided into two pools, with 20% going to individuals and 80% going to third-party payors. Funds will be distributed according to plans of allocation.

Total Settlement Amount: $345,000,000

Class Representative Proposed Incentive Fee:

Unknown

Law Firms:
Burns Charest LLP
Pritzker Levine LLP
Robbins Geller Rudman & Dowd

Claim Form: EpiPen Antitrust and RICO Settlement Individual Claim Form

Case Name: In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices, and Antitrust Litigation

Settlement Website: EpiPen Antitrust and RICO Settlement Website

Claims Administrator:
AB Data, Ltd.

Claims Administrator Contact Information:

EpiPen Settlement
c/o A.B. Data, Ltd.
P.O. Box 173113
Milwaukee, WI 53217
info@EpiPenClassAction.com
877-221-7632

Tags: Antitrust, Pharmaceuticals, RICO laws