fbpx

Opana ER Delayed Generics Antitrust Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

Impax Laboratories, Inc. is settling its part of an antitrust class action about an alleged conspiracy between itself and a group of Endo companies, including Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc., and Penwest Pharmaceuticals Co. The complaint alleged that, in June 2010, Impax and Endo entered into a “pay for delay” agreement delaying the entry of Impax’s generic version of Opana ER into the market until January 2013. Without this agreement, the complaint alleges that Impax would have launched its generic earlier and Endo would also have launched a generic at the same time. The complaint alleged that the agreement violated antitrust laws and caused consumers to pay more for the drug during a certain period of time.

Docket Number:

14-cv-10150

Company: Impax Laboratories

Filing Deadline: January 5, 2023

Class Period: April 1, 2011 to September 30, 2018

Objection Deadline: November 7, 2022

Final Approval Hearing: December 15, 2022

Proof of Purchase:

The Individual Claim Form asks that, “if possible,” you submit documentation of at least one purchase of Opana ER, such as records from your pharmacy or a note from your doctor describing the amount of brand or generic Opana ER prescribed for you. If you do not provide documentation, the Administrator may ask for additional documentation. The Third-Party Payor Claim Form requires documentation for claims of $100,000 or more and may require it for smaller claims as well.

Eligibility:

This partial settlement resolves only Impax’s portion of the case. Endo did not settle and a federal jury found that the plaintiffs in this case had not met their burden of proof in claiming that Endo had violated the law. The plaintiffs intend to file post-trial briefs and appeals to vacate this verdict, but they may not be successful. The Impax partial settlement may therefore be the only chance for consumers or third-party payors to receive money from the settlement.

You may be eligible if you are an End Payor for Opana ER. End Payors include individuals and Third-Party Payors, such as entities who provide payments for health care expenses such as prescription drugs. Individual consumers and third-party payors have different Claim Forms

The Antitrust/Consumer Protection Class is all persons or entities who indirectly bought, paid for, or provided reimbursement for some or all of the price for brand or generic Opana ER, in 5mg, 10mg, 20mg, 30mg, or 40mg strengths sold by the defendants, other than for resale, in Arizona, California, Florida, Hawaii, Iowa, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin, and the District of Columbia from April 2011 through September 2018.

The Unjust Enrichment Subclasses include all persons or entities who, between April 2011 and September 2018 indirectly bought, paid for, or provided reimbursement for some or all of the price of brand or generic Opana ER, in 5mg, 10mg, 20mg, 30mg, or 40mg strengths sold by the defendants, other than for resale, in the above states:

- Subclass 1: Iowa, Michigan, Oregon, West Virginia
- Subclass 2: Maine, New Mexico, Wisconsin
- Subclass 3: Hawaii, Massachusetts*, Mississippi*, Nebraska, Vermont
- Subclass 4: Florida, Minnesota, Missouri, Nevada, Pennsylvania, South Dakota, Utah
- Subclass 5: Arizona*, North Dakota

*For Arizona, Massachusetts, and Mississippi unjust enrichment claims, you must have bought, paid for, or provided reimbursement for some or all of the price of brand or generic Opana ER between June 4, 2011 and September 2018.

For exclusions, see the Notice at https://www.opanaerantitrustlitigation.com/docs/Opana%20-%20Long%20Form%20Notice%20for%20Impax%20Settlement%20(Corrected%2009-19-22).pdf.

Typical Settlement Amount:

Share of the net settlement fund, based on your qualifying purchases of brand or generic Opana ER, according to a Plan of Allocation.

Total Settlement Amount: $15 million so far

Class Representative Proposed Incentive Fee:

Up to $65,000 in total

Law Firms:
Dicello Levitt & Casey LLC
Freed Kanner London & Millen LLC

Claim Form: Opana ER Antitrust Litigation Individual Claim Form

Case Name: In re Opana ER Antitrust Litigation

Settlement Website: Opana ER Antitrust Litigation Website

Claims Administrator:
AB Data, Ltd.

Claims Administrator Contact Information:

Opana ER Antitrust Class Action
P.O. Box 173067
Milwaukee, WI 53217
info@opanaerantitrustlitigation.com
877-888-6423

Tags: Antitrust, Collusion and Price Fixing, Drugs and Generics, Keeping Generics Off the Market