This settlement is closed!
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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
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
I didn’t get an email ..did everyone get one? just wondering.
I received an email because I had sent them one asking what was going on
oh ok I thought they were emailing each person..thank you!
I finally got an email with good news! It looks like we will be getting our checks mid January!!
Good Afternoon,
Unfortunately, we do not have a concrete distribution date. We can only estimate when the payments will be released. At this moment, we anticipate that distribution will take place early next year (mid January), although, this is not guaranteed. Please continue to follow up with us for future updates.
Kind Regards,
Thalia Rojas
Claims Administrator
Barba V. Shire US Inc.
I got this same email aside from the mid January part…
I got the same email stating mid Jan. They said my claim is on file with no further information needed. *fingers crossed*
I also got the same email, today January 5th. Hoping the next year doesn’t mean 2019! Ahhh, been long enough!! Good luck everyone!
Nice to finally see some good news. I was hoping they would arrive before Christmas but I’ll take January
Agreed!!! What is taking so long?
ADDERALL XR CHECKS MAILED TODAY 01/12/2018. I DON’T KNOW WHY THEY WONT UPDATE THEIR PAGE.
it would be nice to have a christmas bonus
I sent an email earlier today asking why things are taking so long to figure out check disbursement. I told them my 15 year old son is a computer and math wiz, and he could have had it figured out by now! I normally send nicer emails but I always get a generic response. Maybe, just maybe, I will actually get a real response this time! I’ve tried being patient but I’m sure everybody but the settlement members has gotten paid!
Did they respond?
Not yet
This is ridiculous, if it takes this long to figure out check amounts then I would think the class administrator would of asked for a lot more money due to work involved. There is nothing in the records to indicate this. The administrators were also distributing money to attorneys, bet they got paid a long time ago!!!
the attorney general would problem like to know about this…after thanksgiving…I will be giving them a call
The attorney general would not do anything about this. If anything the state bar association/attorney grievance committee of the state the law firm is based in would be the channel to go through but even then it seldom yields consequences in scenarios like this.
At least they made the email sound a bit more promising…….
Good grief ?
Anyone try calling lately?