Adderall XR Class Action Settlement

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

www.AdderallXRSettlement.com

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