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This settlement is closed!

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prescription-drug-pill-bottles

The manufacturer of Adderall XR® has agreed to pay $14.75 million to resolve allegations that the company intentionally delayed the availability of a generic version of the medication.

Lead plaintiff Monica Barba claimed that Shire U.S. Inc. and Shire LLC filed “sham patent litigations” against generic competitors of Adderall XR as well as a “sham Citizen Petition” with the U.S. Food and Drug Administration which resulted in both a delay and lessened availability of a cheaper version of the prescription drug.

In addition, the class action lawsuit accused Adderall XR manufacturer of “paying higher rebates to managed care organizations that agreed to the preferred placement of brand Adderall XR® instead of generic versions.”

Shire denied these allegations but agreed to settle the class action to avoid the cost and risk of going to trial.

The Adderall XR class action settlement will resolve Barba v. Shire U.S. Inc., Case No. 1:13-cv-21158, in the U.S. District Court for the Southern District of Florida, as well as  the following cases currently pending in other courts: Allyson Netwall v. Shire U.S. Inc. and Shire LLC, E.D. Pa., Case No. 13-cv-1669; Samantha Peluso v. Shire U.S. Inc. and Shire LLC, D. N.J., Case No.15-cv-72259; and Jessica Hartenstine, Jayme Dearing, and Rosemary Autrey v. Shire U.S. Inc. and Shire LLC, D. Mass., Case No. 15-cv-14181.

Those who wish to object or be excluded from the Adderall XR settlement must do so by Oct. 7, 2016.

Who’s Eligible

The Adderall XR class action settlement includes all U.S. residents who bought Adderall XR (brand name) between Jan. 1, 2007 and Apr. 11, 2016 for personal or household use within the following states: Alabama, Arizona, California, Delaware, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin, as well as the District of Columbia.

“If your insurance plan requires you to pay a flat co-payment (the same fixed dollar-amount whether you purchased brand Adderall XR® or generic equivalent) you are not included in the Settlement Class.”

Potential Award

Up to $16 per Adderall XR prescription purchase.

The $14.75 million Settlement Fund will be distributed to Class Members who submit a valid Claim Form after legal expenses are paid. The Settlement Administrator estimates that this will provide Class Members up to $16 per Adderall XR prescription.

For example, Class Members who claim they purchased five Adderall XR prescriptions should be entitled to $80 under the settlement.

However, the total amount will vary depending upon the actual number of valid Claims filed by Class Members.

Proof of Purchase

N/A.

Adderall XR class action settlement Class Members do not have to provide a proof of purchase but they must file a Claim Form no later than Oct. 7, 2016.

On the Claim Form, Class Members must sign that all the information provided is correct under the penalty of perjury. Each claim is subject to review and Class Members may be contacted by the Settlement Administrator regarding the information provided.

Claim Form

CLICK HERE TO FILE A CLAIM »

Class Members who would prefer mailing in their Claim Form, can download a printable version here!

Claim Form Deadline

10/07/2016

Case Name

Barba v. Shire U.S. Inc., Case No. 1:13-cv-21158, in the U.S. District Court for the Southern District of Florida

Final Hearing

11/09/2016

UPDATE: On December 2, 2016, the court granted the Adderall XR settlement final approval.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On December 19, 2016, an appeal to the Adderall XR settlement was filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 3: As of February 10, 2017, the appeals to the Adderall XR settlement were dismissed.  On March 1, 2017, the settlement administrator filed an unopposed motion for disbursement of settlement funds.  However, the motion did not include a timeline for check disbursement at this time.  Top Class Actions will continue to provide updates as we learn more.

UPDATE 4: On Jan. 16, 2018, Top Class Actions viewers who filed a valid claim for the Adderall class action settlement started receiving checks in the mail worth as much as $828. Congratulations to everyone who filed a claim and got PAID.

Settlement Website
Claims Administrator

Barba v. Shire U.S., Inc. Settlement Administrator
c/o KCC, LLC
P.O. Box 40007
College Station, TX 77842-4007
877-369-4085

info@AdderallXRSettlement.com

Class Counsel

Conlee Whiteley, Esq.
Allan Kanner
KANNER & WHITELEY, LLC

Ruben Honik, Esq.
Richard M. Golomb, Esq.
Kenneth J. Grunfeld, Esq.
GOLOMB & HONIK, P.C.

Gillian L. Wade, Esq.
Sara D. Avila, Esq.
MILSTEIN ADELMAN JACKSON FAIRCHILD & WADE, LLP

Brian T. Ku, Esq.
Louis Mussman, Esq.
M. Ryan Casey, Esq.
KU & MUSSMAN, P.A.

Defense Counsel

Porter F. Fleming, Esq.
Michael F. Brockmeyer, Esq.
David A. Zwally, Esq.
Edgar H. Haug, Esq.
FROMMER LAWRENCE & HAUG LLP

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295 thoughts onAdderall XR Class Action Settlement

  1. Julia says:

    Congrats. What state are you in?

  2. HMF says:

    Got mine today, over $1200. Been a long wait, didn’t think it would ever come!

    1. Krissy says:

      That’s great

    2. Casey says:

      Congrats! How many scripts claimed?

  3. Tasha says:

    Congratulations Nat!!!

  4. Ruth says:

    Anyone that has read NAT post should not get their hopes up on the amount she has posted even if she really received her check which is highly doubtful because like I said its only 16$ per script 192$ for each year they are not giving the full amount that anyone paid only the deference in the generic and the name brand this could differ depending on the pharmacy but by no means Is it that much other wise the pharmacy would also be sued I do hope that everyone receives there check’s quickly you all deserve it but don’t let anyone give you false hope

    1. Nat says:

      Just wait for all the disrespectful comments you are going to receive from rude people!

    2. Nat says:

      Ruth you have some serious issues you should deal with rather than posting your nonsense and assumptions

    3. Chad says:

      Ruth maybe you should research how a class action works. The funds will be divided between the claimants after fees are taken out. Depending on the amount of claims, this could change the amount received.

    4. Sarah says:

      The letter I received stated this:
      Class members filing vaild claims received a payment of $16.00 for approved prescriptions of Adderall XR filled between January 1st 2007 and March 31, 2009, and a payment of $4.20 for approved prescriptions of Adderall XR filled between April 1, 2009 and April 11,2016.
      My check was for $432.00

  5. Ruth Dix says:

    So NAT there’s no way you received a check for the amount your claiming it’s 16$ per script do the math 192$ per year since you only get one script a month I can’t believe any one would lie for no reason you obviously have no morels very sad.

    1. Nat says:

      Btw it was ESTIMATED at $16 per script
      I had complete records and receipts.
      Why are the ones acting like they do not believe me have issues spelling the simple words?
      I was trying to be helpful, and let people know that I received my check.
      Worry about your own morals.
      I just posted FACTS about what I provided and what I received.

      1. Ruth says:

        If you are telling the truth screen shot it which I am pretty sure you will have an excuse for not doing and yes it is not for the full amount of the prescription it’s only 16$ again do the math I to have all my receipts anyone getting the prescription has it you can get it from your pharmacy they will print it out for you how do you think they track the people that are taking it this is a controlled substance and the and is available to the federal government as all controlled substance are. I am not trying to be critical or Rude just honest don’t get peoples hope up by giving false information

        1. Nat says:

          Theres no where here to post a pic of my check or a screen shot. Ive never ever commented on a TCA post before so idk what you are talking about. And I dont really care if you believe me.

  6. Gunnelle Wilkes says:

    Or are you one of the countless people. With nothing else better to do with there time so they sit here and post lies I guess to make their self seem revalent

    1. Nat says:

      Calm down with the negativity man. The checks for approved claimants were sent out Friday from Texas, I received mine in Texas since I moved here after filing and updated my address with them.
      It TRULY does not matter to me with your extremely rude remarks if you believe me or not. I am amazed at how you think I or anyone else owes you anything especially with how rude you are.
      Good luck to you on getting your payment IF you were approved. BTW, this is the 1st post I have EVER commented on TCA. You appear to be someone who has nothing better to do. Have a blessed weekend

  7. Nat says:

    Got mine today!!! Im in texas thats where checks came from.
    $2,743!!!!!!!! Yay

    1. Trish says:

      That awesome good for you

    2. Cody says:

      How many prescriptions did you claim? Congrats!

      1. Nat says:

        64
        I was asked for pharmacy documents several months ago, and was able to gather all the records from the 2 pharmacies. To be honest, I am extremely surprised at the amount

        1. Ruth Dix says:

          I think you should have done your Math before posting you received a check it’s only 16$ for each prescription that’s 192$
          A month so there’s no way you received a check for the amount your claiming why would anyone even do that (no morals)

          1. Nat says:

            Worry about your OWN claim and just because you are less than honest does not mean that I am.
            Cannot believe how many nasty and presumptuous some of the responses I got.

    3. Gunnelle Wilkes says:

      Ok how bout Nat if you did post pic of the check then. Seems funny to me that only 1 person out of all the claims got a check today…. Show prove you got ☝

      1. Nat says:

        Wow, “Show prove you got”
        I was just trying to be helpful by saying I got my check- when I posted this yesterday or even now I do not see a place to attach a photo.
        But besides that, it doesnt matter to me if you believe me or not. Was just trying to be helpful and I did not see where I could have posted proof

      2. HMF says:

        Got mine today too. Only settlement I’ve requested and it was almost 2 years ago already if I remember correctly. So it’s been a long wait, and may be hard to believe, but it’s true! If that is questionable to anyone, you can obtain the phone number on the official settlement page to confirm checks were mailed out, and they will tell you the check amount if you have your claim number

    4. Julia says:

      Right. Texas is not even included.

      1. Nat says:

        Right, it was not. But I moved here 7 months ago and updated my address with the settlement admin

        1. Lala says:

          Nat,
          I believe you!

  8. Angela says:

    This is the email I received earlier today:

    Good Afternoon,

    Checks in this matter are scheduled to mail today, January 12, 2018.

    Please let us know if you do not receive your payment within two weeks of today.

    Kind Regards,
    Thalia Rojas

    Claims Administrator

    Barba V. Shire US Inc.

    1. Chad says:

      Yay finally

  9. RnBsinger says:

    Checks mailed today Jan 12, 2018

  10. Liz says:

    What did the email say? I haven’t received one.

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