Plaintiffs allege that Indivior, Inc, while manufacturing and marketing the opioid addiction treatment drug (Co-Formulated Buprenorphine/Naloxone) hurt competition and violated state and federal laws resulting in harm to consumers and third-party payors in 11 states, who paid too much for Suboxone, brand and generic. Defendant denies these claims.
Indivior has agreed to a payment of $30 million to settle the litigation, which is subject to final approval by the Court. The Court will consider whether to grant final approval on October 19, 2023.
All persons or entities including third-party payers who purchased and/or paid for some or all of the purchase price for Co-Formulated Buprenorphine/Naloxone (Suboxone tablets, Suboxone film, or AB-rated generic equivalents of Suboxone (generic Suboxone)) in any form, for consumption by themselves, their families or their members, employees, plan participants, beneficiaries or insureds in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and District of Columbia between December 22, 2011 and August 21, 2023.
Excluded from the End Payor Class are the following:
- Pharmacy benefit managers
- Defendant and its officers, directors, management, employees, subsidiaries, or affiliates
- All governmental entities, except for government funded employee benefit plans
- All persons or entities who purchased Suboxone and/or its AB-rated generic equivalent in any form for purposes of resale or directly from Defendant or its affiliates
- The judges in this case and any members of their immediate families.
Each qualifying claimant's share of the net settlement fund will be based on its qualifying purchases of Suboxone, and its AB-rated generic equivalents, and will be determined according to the proposed Plan of Allocation, if approved by the Court. Payments will be based on a number of factors, including but not limited to the number of valid claims filed and the dollar value of each member of the End Payor Class’s purchases in proportion to the total claims filed.