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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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
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
What is the eta for the settlement checks?
i am from n.j. and filed a claim and have my claim I.D. i am aware the court granted Adderall XR settlement final approval and wondered if checks have been sent out yet. thank you, Andrea
There is a 30 day grace period for appeals to be filed and then there is the process of them having to go thru each claim and validating them. After Dec 9 and no appeals filed its just a waiting game on the settlement admins. Probably looking January or February the earliest if there are no appeals filed.
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.
15 min 2 late just my luck
So, no Oklahoma? I don’t suppose it matters much since the pharmacies here decide whether you’ll get the generic or not and it changes every time…. along with the amount of pills they will dispense, example (Doc writes a script for 90 pills, instructions are to take 3 a day as needed). You get 30 pills and 2 refills. And yes, I’ve had them short me 60-90 pill.
Question, I lived in AZ for years and have been taking this med for a long time and now recently moved out of state. Am I still able to qualify for this even though I no longer live in AZ?
The settlement website states that Adderall needed to have been purchased in one of the states included in the settlement. It does not state that claimants must be a current resident. You can always contact the Settlement Administrator with your questions. There is a “Contact Us” section on the settlement website with an email address available.
Why is Virginia excluded from this
Response from Class Action Rebates website.
“Why is Texas not included?
ADMIN – Hi Chelsea,
Many class action settlements are state-specific because of differences in laws at state level. For example when Kashi first had a settlement for falsely advertising their products as natural there was first a settlement for California and later settlements for other states.”
Why doesn’t this include people who end up using the regular release (immediate release) Adderal because the Extended Release (XR) was too expensive? XR worked a lot better for me but I had to settle for the other type because there were no generic versions of the XR
Why is Indiana not included? Been taking this for at least 8 year