Pfizer Inc. (settled)
Meridian Medical Technologies, Inc. (settled)
King Pharmaceuticals LLC (f/k/a King Pharmaceuticals, Inc.) (settled)
Mylan N.V. (trial pending)
Mylan Specialty L.P. (trial pending)
Mylan Pharmaceuticals Inc. (trial pending)
Viatris Inc. (trial pending)
Heather Bresch (trial pending)
Thus far Pfizer Inc., Meridian Medical Technologies, Inc., and King Pharmaceuticals LLC (f/k/a King Pharmaceuticals, Inc.) have settled the claims against it for $345,000,000.00
There has been no resolution of the claims against other defendants in the action, specifically Mylan N.V., Mylan Specialty L.P., Mylan Pharmaceuticals Inc., Viatris Inc., or Heather Bresch. Those claims remain pending in the Court and trial of those claims is currently scheduled to commence on January 24, 2022.
There are two class definitions, depending on whether a class member is located in an “Antitrust State”. 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.
Antitrust State Class
All persons and entities in the Antitrust States who paid or provided reimbursement for some or all of the purchase price of Branded EpiPens at any time between January 28, 2013, and November 1, 2020, for the purpose of consumption, and not resale, by themselves, their family member(s), insureds, plan participants, employees, or beneficiaries.
Non Antitrust State Class
All persons and entities in the United States who paid or provided reimbursement for some or all of the purchase price of Branded or authorized generic EpiPens for the purpose of consumption, and not resale, by themselves, their family member(s), insureds, plan participants, employees, or beneficiaries, at any time between August 24, 2011, and November 1, 2020.
Excluded from the Class are:
- Defendants and their officers, directors, management, employees, subsidiaries, and affiliates;
- Government entities, other than government-funded employee benefit plans;
- Fully insured health plans (i.e., plans that purchased insurance that covered 100% of the plan’s reimbursement obligations to its members);
- “Single flat co-pay” consumers who purchased EpiPens or generic EpiPens only via a fixed dollar co-payment that is the same for all covered devices, whether branded or generic (e.g., $20 for all branded and generic devices);
- Consumers who purchased or received EpiPens or authorized generic equivalents only through a Medicaid program;
- All persons or entities who purchased branded or generic EpiPens directly from defendants;
- The judges in this case and members of their immediate families;
- All third-party payors who own or otherwise function as a Pharmacy Benefit Manager or control an entity who functions as a Pharmacy Benefit Manager; and
- Individual consumers whose only purchases of an EpiPen occurred before March 13, 2014 (the Generic Start Date).
There are two class periods, depending on whether a class member is located in an “Antitrust State”.
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 these states, the applicable time period is between January 28, 2013 and November 1, 2020.
For all other states, the applicable time period is between August 24, 2011 and November 1, 2020.
EpiPen® (epinephrine injection, USP) 0.3 mg Auto-Injectors;
EpiPen Jr® (epinephrine injection, USP) 0.15 mg Auto-Injectors; or
Epinephrine Injection, USP Auto-Injectors (the authorized generic for EpiPen®)
Allocation of Net Settlement Funds+
The Net Settlement Fund (amount left over after attorneys fees and costs, noticing fees, etc) will be allocated into two pools, one for individual consumer Class Members and one for third-party payor (“TPP”) Class Members.
This allocation, which tracks the estimated overall amount of damages suffered by individual consumer and TPP Class Members as a result of the Settled Claims, will be twenty percent (20%) for the individual consumer Class Member pool and eighty percent (80%) for the TPP Class Member pool.
Within each pool, a Class Member’s actual recovery will be a proportion of that pool determined by that Class Member’s allowed claim(s) compared to the total allowed claims of all Class Members in the same pool who submit acceptable and timely Proofs of Claim.
If the distributions in only one pool would result in all Class Members in that pool receiving more than all of their allowed claim amounts, and the second pool lacks sufficient funds to pay all Class Members in that pool all of their claims, then any excess funds remaining in the first pool after distribution will be reallocated to the second pool.
If there is any balance remaining in the Net Settlement Fund after a reasonable amount of time from the initial date of distribution of the Net Settlement Fund, the Settlement Administrator shall, if feasible, reallocate such balance among Class Members, who successfully received and deposited, cashed or otherwise accepted a Distribution Amount and who would receive a distribution of at least $5.00. These redistributions shall be repeated until the balance remaining in the Net Settlement Fund is no longer economically feasible to distribute to Class Members. Thereafter, any de minimis balance which still remains in the Net Settlement Fund shall be donated to: (a) Allergy and Asthma Foundation of America; (b) Allergy and Asthma Network; and (c) Allison Rose Foundation, if approved by the Court.
THERE WILL BE NO PAYMENTS IF THE SETTLEMENT AGREEMENT IS TERMINATED