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Ranbaxy TPP Generic Nexium, Diovan, and Valcyte Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

Sun Pharmaceutical Industries, Ltd. and Ranbaxy, Inc. are settling combined class actions alleging generic drug manufacturer Ranbaxy made misrepresentations about both the conditions in its plants and the results of analyses on the integrity of data at the plants. This allowed it to obtain “tentative approval” from the Food and Drug Administration (FDA) and a period of exclusivity for its generic forms of Nexium, Diovan, and Valcyte.

Ranbaxy’s misrepresentations, the complaint alleged, allowed it to delay other generics from entering the market and caused third-party payors to have to pay more for the drugs than they would have otherwise. The counts included violations of state antitrust and consumer protection laws as well as federal racketeering laws.

Docket Number:

19-md-02878

Company: Sun Pharmaceutical Industries Limited

Filing Deadline: October 11, 2022

Class Period: September 28, 2012 to April 1, 2020

Objection Deadline: July 18, 2022

Exclusion Deadline: December 20, 2021

Final Approval Hearing: September 8, 2022

Proof of Purchase:

You must provide transaction data supporting your claims if you are claiming $300,000 or more per drug. The Settlement Administrator may require transaction data for smaller claims as well, and you should provide it if you can. If the Settlement Administrator audits your claim and you have not provided sufficient substantiation, the Settlement Administrator may reject your claim.

Eligibility:

You may be eligible if you are a third-party payor (TPP) and belong to any of the following six classes:

- Generic Nexium Nationwide Class: TPPs who bought or paid for some or all of the purchase price of AB-rated generic versions of Nexium in the US and its territories, between May 27, 2014 and February 1, 2019.
- Generic Nexium State Law Class: TPPs who bought or paid for some or all of the purchase price of AB-rated generic versions of Nexium in the indirect purchaser states, between May 27, 2014 and February 1, 2019.
- Brand or Generic Diovan Nationwide Class: TPPs who bought of paid for some or all of the purchase price of Diovan or AB-rated generic versions of Diovan in the US and its territories, between September 28, 2012 and April 1, 2020.
- Brand or Generic Diovan State Law Class: TPPs who bought of paid for some or all of the purchase price of Diovan or AB-rated generic versions of Diovan in the indirect purchaser states, between September 28, 2012 and April 1, 2020.
- Brand or Generic Valcyte Nationwide Class: TPPs who bought of paid for some or all of the purchase price of Valcyte or AB-rated generic versions of Valcyte in the US and its territories, between August 2, 2014 and April 1, 2020.
- Brand or Generic Valcyte State Law Class: TPPs who bought of paid for some or all of the purchase price of Valcyte or AB-rated generic versions of Valcyte in the indirect purchaser states, between August 2, 2014 and April 1, 2020.

The indirect purchaser states include Arizona, California, the District of Columbia, Florida, Hawaii, Iowa, Massachusetts, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Vermont, West Virginia, and Wisconsin.

Typical Settlement Amount:

Portion of the net settlement fund, to be distributed according to a Plan of Allocation. If the court approves the settlement, 72.6% of the net settlement fund will go to the Diovan classes, 26.2% to the Nexium classes, and 1.2% to the Valcyte classes.

Total Settlement Amount: $145 million

Class Representative Proposed Incentive Fee:

Unknown

Law Firms:
Dugan Law Firm, APLC
Lowey Dannenberg, PC

Claim Form: Ranbaxy TPP Generic Nexium, Diovan, and Valcyte Settlement Claim Form

Case Name: In Re Ranbaxy Generic Drug Application Antitrust Litigation

Settlement Website: Ranbaxy TPP Generic Nexium, Diovan, and Valcyte Settlement Website

Claims Administrator:
AB Data, Ltd.

Claims Administrator Contact Information:

Ranbaxy TPP Litigation
c/o A.B. Data, Ltd.
P.O. Box 173137
Milwaukee, WI 53217
info@RanbaxyTPPLitigation.com
877-888-9232

Tags: Antitrust, Drugs and Generics, Keeping Generics Off the Market, Pharmaceuticals, RICO laws