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Restatis Eye Drops Antitrust Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

Allergan, Inc. is paying a penny less than $30 million to settle a class action alleging it schemed to retain a monopoly on its eye drop drug Restatis, and to keep consumers paying higher prices than necessary for it. The complaint alleged that it tried to keep generic versions off the market, submitted and obtained fraudulent patents which claimed new and unexpected results for an old invention, and took other actions to delay competition from generic version. Finally, the complaint claims that Allergan transferred the ownership of its fraudulent patents to the Saint Regis Mohawk Tribe, and then claimed that the patents could not be challenged or thrown out because the tribe had immunity from certain kinds of patent challenges.

Docket Number:

18-md-2819

Company: Allergan plc

Filing Deadline: August 11, 2022

Class Period: May 1, 2015 to July 31, 2021

Objection Deadline: June 7, 2022

Exclusion Deadline: May 3, 2022

Final Approval Hearing: June 7, 2022

Proof of Purchase:

The Consumer Claim Form asks you to submit proof “if possible,” including records from your pharmacy showing that you bought Restasis at least once or a note or records from your doctor describing the amount of Restasis prescribed for you. The TPP Claim Form asks for extensive documentation to support claims.

Eligibility:

You may be eligible if you are a member of either of the following classes:

- Consumer Class: All persons who bought Restasis in a pharmacy for their own use or received it by mail-order prescription, in Arizona, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin, between May 1, 2015 and July 31, 2021, or in Arkansas between May 1, 2015 and July 31, 2017.
- Third-Party Payors (TPPs): All entities that paid for or provided reimbursement for purchases of Restasis for use by their members, insureds, participants, or beneficiaries, where these persons bought Restasis in a pharmacy or received it by mail-order prescription, in Arizona, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin, between May 1, 2015 and July 31, 2021, or in Arkansas between May 1, 2015 and July 31, 2017.

Note that there are a number of exclusions from these classes. For example, you are not included if you are a fully insured health plan (i.e., a payor that purchased insurance covering 100% of your reimbursement obligation to your members) or a “flat copay” consumer who bought Restasis only by a fixed-dollar copayment that does not vary according to the drug’s status as a brand or a generic. For other exclusions and details, see the Notice at https://www.restasislitigation.com/docs/2022-01-31%20Restasis%20LF%20Notice%20FINAL.pdf.

Typical Settlement Amount:

Payments will be made according to a Plan of Allocation, based on how much each class member paid for or was reimbursed for Restasis during the class period compared to the amounts paid or reimbursed by all of the class members during this period. Payments will be at least $15 if the net settlement fund contains enough to support this payment.

Total Settlement Amount: $29,999,999.99

Class Representative Proposed Incentive Fee:

Up to $20,000 each

Law Firms:
Girard Sharp LLP
Joseph Saveri Law Firm, Inc.
Lieff Cabraser Heimann & Bernstein

Claim Form: Restatis Antitrust Settlement Claim Form

Case Name: In Re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation

Settlement Website: Restatis Antitrust Settlement Website

Claims Administrator:
AB Data, Ltd.

Claims Administrator Contact Information:

Restasis Settlement
c/o A.B. Data, Ltd.
P.O. Box 173107
Milwaukee, WI 53217
info@RestasisLitigation.com
877-868-6810

Tags: Antitrust, Keeping Generics Off the Market, Requiring Consumer to Pay Higher Prices, Tribal Sovereignty Issue