Pfizer has agreed to pay $50,000,000 to settle a class action lawsuit for alleged illegal market allocation agreements that delayed the launch of generic EpiPen and unlawfully extended their monopoly over the epinephrine autoinjector market. This settlement provides an opportunity for those who purchased EpiPen or generic EpiPen directly from the manufacturer to receive a portion of the settlement fund.
Can I Claim an Award?
If you are a person or entity in the United States or its territories, possessions, and the Commonwealth of Puerto Rico that purchased EpiPen or generic EpiPen directly from Mylan or Teva for resale between March 13, 2014, and April 3, 2024, you are considered a member of the Direct Purchaser Class and may be eligible to claim an award.
To qualify as a Class Member, your purchases must have been made directly from Mylan or Teva. This includes purchases of both brand and generic versions of EpiPen. The official settlement website provides detailed instructions on how to verify your eligibility and submit a claim form.
What Awards Can Class Members Claim?
The settlement fund is $50,000,000, which will be distributed among eligible Class Members based on their proportionate share of qualifying purchases. The exact amount each Class Member will receive depends on the total number of claims submitted and the volume of purchases made by each claimant.
Class Members will receive a pro rata share of the settlement fund based on their net purchases of brand, authorized generic, and generic EpiPen. The calculation involves determining each claimant's percentage of the total qualifying purchases and applying this percentage to the net settlement fund.
- Tier 1: Brand EpiPen purchases
- Tier 2: Authorized Generic EpiPen purchases
- Tier 3: Generic EpiPen purchases
Is Proof Required to Claim the Reward?
Yes, proof is required. Claimants must submit records or data showing their purchases of brand, authorized generic, and generic EpiPen directly from Mylan and/or Teva during the relevant period. Documentation showing any relevant assignments is also necessary.
How to Claim Your Award
To claim your award, you must submit a claim form by July 24, 2024. You can file a claim online by visiting file a claim online or by mailing the completed form to the settlement administrator
Ensure that your claim form is complete, supported by appropriate documentation, and submitted by the deadline. If your claim form is incomplete or lacks necessary documentation, the Settlement Administrator will contact you to cure the deficiency.
How Do I Get Paid?
Class Members who submit valid and timely claim forms will receive their payments via check or wire transfer, depending on their preference. The checks will be mailed via U.S. First-Class mail or FedEx and will be valid for 120 days.
$50,000,000 Settlement Fund Breakdown
The $50,000,000 settlement fund will be used to compensate class members, cover attorneys' fees, litigation expenses, and settlement administration costs. Attorneys' fees will be up to one-third of the settlement fund ($16,666,666), and the remaining amount will be distributed among eligible Class Members.
The exact amount each Class Member will receive depends on the total number of claims and the volume of qualifying purchases.
Important Dates
- Fairness Hearing: June 25, 2024
- Deadline to File a Claim: July 24, 2024
Why is There a Class Action Settlement?
The lawsuit alleges that Pfizer and Mylan entered into an illegal market allocation agreement with Teva, delaying the launch of generic EpiPen and unlawfully extending their monopoly over the epinephrine autoinjector market. By settling, Pfizer avoids the costs, delay, and uncertainty of continuing the lawsuit, and Class Members have the opportunity to receive compensation.
The next steps include the Court's approval of the settlement and the distribution of the settlement fund to eligible Class Members. If the Court approves the settlement, payments will be made after the claims process is completed and any appeals are resolved.
For more information, visit the official settlement website or contact the Settlement Administrator at 1-866-778-6568 or info@EpiPenDPPSettlement.com.
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