Courtney Jorstad  |  July 28, 2015

Category: Closed Class Actions

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This settlement is closed!

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Nexium

Teva and Dr. Reddy’s have reached a class action settlement with direct purchasers and end-payers who charged the generic drug makers with engaging in a pay-for-delay deal to keep generic versions of Nexium off the market, in violation of antitrust laws. If you purchased Nexium for yourself or your family or on behalf of an employee or member that you insure, you may qualify for benefits from this class action settlement.

The plaintiffs in this class action lawsuit allege that AstraZeneca, Ranbaxy, Dr. Reddy’s and Teva engaged in an “conspiracy to delay the introduction of generic versions of the prescription drug Nexium (delayed-release esomeprazole magnesium).”

They claim that the federal antitrust laws were broken when AstraZeneca paid Teva to not sell a generic version of the acid reflux drug. They also allege that Ranbaxy and Dr. Reddy’s Laboratories were part of the broader conspiracy to put off an introduction of generic Nexium.

This class action settlement provides relief for two classes: the end-payor class (consumer class) and the direct purchaser class (third-party payor class), who purchased or pr paid for some or all of the cost for Nexium and/or its AB-rated generic equivalent in its capture form in one of the following states: Arizona, California, Florida, Iowa, Kansas, Massachusetts, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah (while a resident or citizen of Utah), Vermont, West Virginia, Wisconsin, and/or the District of Columbia.

Under the deal, after legal costs, taxes and the $1 million for the indirect purchasers was accounted for, 61 percent of the settlement fund would go to to the direct purchasers and 39 percent would go to the direct buyers, or retailers.

There will be $24 million paid by Teva. Dr. Reddy’s was removed from the class action lawsuit in October 2014 and provided relief by agreeing to help the drug buyers at the trial against the three remaining defendants. Dr. Reddy did not pay anything to the classes to be removed as a defendant.

The class action lawsuit is still in process with the other non-settling defendants. Teva and Dr. Reddy’s do not admit to any wrongdoing, but they agreed to the terms of this class action settlement to avoid the costs and risk of trial. A Massachusetts federal judge granted preliminary approval of this class action settlement on June 16.

Who’s Eligible

There are two classes that are part of this Nexium antitrust class action settlement:

  • Consumer Class: For those who purchased or paid for some or all of the purchase price for Nexium and/or its AB-rated generic equivalent from April 14, 2008 onward in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah (while a resident or citizen of Utah), Vermont, West Virginia, Wisconsin and/or the District of Columbia, in capsule form, for consumption by yourself or your family.
  • Third-Party Payor Class: For those who purchased or paid for some or all of the purchase price for Nexium and/or its AB-rated generic equivalent from April 14, 2008 onward in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah (while a resident or citizen of Utah), Vermont, West Virginia, Wisconsin and/or the District of Columbia, in capsule form, for consumption by your members, employees, insureds, participants, or beneficiaries.
Potential Award

The class action settlement provides the following:

(a) $1 million to the End-Payor Class, which may be distributed in the form of a cy pres distribution (charitable distribution) as directed by the Court in the event no further recoveries are made that result in a distribution to members of the End-Payor Class

(b) 61 percent of the balance to be allocated to the Direct Purchaser Class and 39 percent of the balance to be allocated to the Individual Retailer Class.

Proof of Purchase

None needed.

Claim Form
Claim Form Deadline

N/A

Case Name

In re: Nexium (Esomeprazole) Antitrust Litigation
MDL No. 2409 in the U.S. District Court for the District of Massachusetts.

Final Hearing

09/29/2015

Settlement Website

www.NexiumCase.com 

Claims Administrator

Notice Administrator:
855-298-0603

Class Counsel

HILLIARD & SHADOWEN LLC
WEXLER WALLACE LLP
COHEN MILSTEIN SELLERS & TOLL, PLLC
POMERANTZ LLP

Defense Counsel

Defense for Dr. Reddy’s: JONES DAY

Defense for Teva: KIRKLAND & ELLIS LLP

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19 thoughts onNexium Antitrust Class Action Settlement

  1. steve-oh says:

    are there any updates on this case? thanks

    1. Top Class Actions says:

      There have been appeals filed, and requests for rehearings as well. It’s more than likely the settlements that have been reached may not be paid out until the entire case is resolved. Please keep checking Top Class Actions for updates.

  2. emily ortiz says:

    Any updates

  3. Sandra Dulgar says:

    I am not sure that I understand. What about persons whose health was damaged from prolonged, prescribed use of Nexium? Is there any part of this class action that covers that? Sandra Dulgar

  4. Robert says:

    I need a claim form

  5. Donna says:

    I Need Claim Form

  6. Holden Caufield says:

    Anna, Go look at every product on here, You are absolutely correct, there are some people on here that get mad, if there isnt a dollar amount they can file on and get something. They have never used these products in their life. They just go down the list and see NO PROOF NEEDED,, and stop there and go hunt a claim form,. If there isn’t one,, they say,, I AM IN,, send me one. OH WHERE IS IT? Or my favorite is when they do file for one where no proof is needed, they log on and leave a message, WHERE IS MY CHECK. I didn’t get one yet. T HAS BEEN A WHOLE 2 weeks. I saw one where one said, I didnt get my $10 check yet, I called the claim administrator and demanded he send it to me. I USED THIS PRODUCT.Then you have the people that file and say when tghe ckeck does arrived,, GOT A CHECK TODAY SUCH AND SUCH A DATE IN FILL IN THE BLANK STATE.You will see a list of those..HEY YOU IDIOTS,, GET A JOB !!!

    1. pricetohigh says:

      Im in, please send me claim form. i pay lots money, needs compesations. i in pain, my butt bleeding

  7. Donna Nugent says:

    I used this product for years. Can you send me a claim form?

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.