A federal court in Pennsylvania has approved a $30 million settlement against Indivior Inc. The settlement was reached and will resolve claims against Indivior Inc. involving the opioid addiction treatment drug, Suboxone.
Class members who purchased Suboxone or its generic equivalents in certain states from December 22, 2011, through August 21, 2023. Members can file a claim for a portion of the $30 million settlement fund, the exact amount will be determined by the number of valid claims filed.
Unpacking the $30 Million Suboxone Settlement
The settlement arises from a class action lawsuit claiming that Indivior Inc. engaged in anti-competitive practices that harmed competition and led to overpayment for Suboxone, an opioid addiction treatment drug. Indivior has agreed to pay $30 million into a Settlement Fund, which, after deducting attorneys' fees, expenses, and service awards, will be distributed to eligible class members who file valid claims.
The settlement represents a significant development for those affected by the alleged antitrust violations. It provides monetary relief without the uncertainty of a trial and subsequent appeals, ensuring compensation for those who may have overpaid for Suboxone during the specified period.
Important Dates
- Fairness Hearing: October 19, 2023
- Deadline to File a Claim: February 17, 2024
Who Are the Class Members in the Suboxone Settlement?
Class members include consumers and third-party payors who purchased Suboxone tablets, Suboxone film, or AB-rated generic equivalents in various states during the Class Period. The detailed Plan of Allocation, available on the official settlement website, will determine each member's share of the Net Settlement Fund.
There are two types of classes:
- Third-Party Payers
- Consumers
Class members excluded from the settlement include pharmacy benefit managers, Indivior's affiliates, governmental entities (except government-funded employee benefit plans), entities who purchased directly from Indivior for resale, and the judges and their immediate families involved in the case.
Settlement Awards Breakdown
Class members who submit valid claims will receive a pro-rata share of the Net Settlement Fund. The exact amount will be based on the number of valid claims and the dollar value of each member's purchases relative to the total claims filed. The Plan of Allocation, subject to Court approval, will detail the distribution methodology.
- Third-Party Payers: Pro-rata share based on purchases
- Consumers: Pro-rata share based on purchases
The Drug at the Heart of the Settlement
Suboxone, a medication used to treat opioid addiction, is the subject of this settlement. The lawsuit does not claim that Suboxone or its generics are harmful but focuses on the alleged anticompetitive practices surrounding its sale.
Is Proof Required to Claim the Reward?
Yes, class members must submit a valid Claim Form with sufficient proof to establish their purchases of Suboxone or its generic equivalents during the Class Period. The official settlement website provides the Claim Form and instructions for submission.
The Legal Path to the Suboxone Settlement
The lawsuit alleges that Indivior engaged in anticompetitive conduct that violated state antitrust, consumer protection, and unjust enrichment laws, leading to overpayment for Suboxone. Indivior denies these allegations but has agreed to the settlement to avoid the uncertainty of litigation. The settlement, if approved, will resolve these claims, dismissing them with prejudice and releasing Indivior from related liability.
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