Top Class Actions  |  September 10, 2021

Category: Closed Class Actions

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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!

Epipens - epipen class action - pfizer - epipen settlement - mylan
(Photo Credit: Amy Kerkemeyer/Shutterstock)

UPDATES:

  • This class action settlement is paying out up to $3,780.72 as of June 9, 2023.
  • Congratulations to everyone who filed a claim and got paid!

  • The Court granted final approval to this class action settlement Nov. 17, 2021.
  • Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Pfizer Inc., Meridian Medical Technologies Inc., and King Pharmaceuticals LLC, formerly known as King Pharmaceuticals Inc. — collectively the “Pfizer defendants” — have agreed to a $345 million settlement in an EpiPen class action lawsuit.

The Class includes any person or entity in the United States who paid or provided reimbursement for some or all of the purchase price of branded or authorized generic EpiPens for the purpose of consumption, and not resale, by themselves, their family, insureds, plan participants, employees, or beneficiaries, at any point between Aug. 24, 2011, and Nov. 1, 2020, and did not exclude themselves from the Class during the initial notice period.

Government entities, “single flat co-pay” consumers, those who purchased EpiPens directly from the defendants, fully insured health plans, individuals whose only purchases of EpiPens occurred before March 13, 2014, and others are excluded from participation in this settlement. More information on exclusions is available in the settlement notice.

Consumers filed their EpiPen class action lawsuit in 2017 claiming Pfizer and Mylan plotted to maintain EpiPen’s monopoly by issuing large rebates to insurers and Medicaid plans that refused to cover competing medications. The class action was filed after the price of EpiPens rose from $100 to $600 in under 10 years.

The current settlement does not resolve claims against other defendants in the class action lawsuit: Mylan N.V., Mylan Specialty L.P., Mylan Pharmaceuticals Inc., Viatris Inc., or Heather Bresch (the “Mylan defendants”). A trial over those claims is scheduled to begin Jan. 24, 2022.

Pharmaceutical giant Pfizer denies any liability in this case.

Attorneys’ fees and other expenses will be paid from the $345 million settlement fund.

The settlement funds are divided into two pools: one for individual consumers and one for third-party payors.

Eighty percent will be allocated to the third-party payor Class Member pool, while the remaining 20 percent will be allocated to the individual consumer pool.

Within each pool, Class Members’ individual recovery will be a portion of that pool to be determined by the Class Member’s allowed claim compared to the total allowed claims of all Class Members in the same pool who also submit valid and timely claims.

Class Members who choose not to take any action give up their right to ever be part of any other lawsuit against the Pfizer defendants about the legal claims resolved by this settlement.

A fairness hearing in the EpiPen class action settlement will be held Oct. 27, 2021.

The deadline to object to the settlement is Sept. 24, 2021.

The claim deadline is Nov. 12, 2021.

Who’s Eligible

The Class includes any person or entity in the United States who paid or provided reimbursement for some or all of the purchase price of branded or authorized generic EpiPens for the purpose of consumption, and not resale, by themselves, their family, insureds, plan participants, employees, or beneficiaries, at any point between Aug. 24, 2011, and Nov. 1, 2020, and did not exclude themselves from the Class during the initial notice period.

Potential Award

Varies

Proof of Purchase

No documentation is required to file a claim. However, the settlement administrator may ask for additional proof supporting your claim. The following are acceptable forms of documentation for the purchase information:

  • Itemized receipts, cancelled checks, or credit card statements showing payment(s) for branded or generic EpiPens
  • An EOB (explanation of benefits) from your insurer showing you paid for branded or generic EpiPens
  • Pharmacy records showing you paid for branded or generic EpiPens
  • Copies of records showing prescriptions written for branded or generic EpiPens
Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/12/2021

Case Name

In re: EpiPen Marketing, Sales Practices, and Antitrust Litigation, Civil Action No. 2:17-md-02785-DDC-TJJ
(MDL No: 2785), in the U.S. District Court District of Kansas

Final Hearing

10/27/2021

Settlement Website
Claims Administrator

EpiPen Settlement
c/o A.B. Data, Ltd.
P.O. Box 173113
Milwaukee, WI 53217
info@EpiPenClassAction.com
877-221-7632

Class Counsel

Elizabeth C. Pritzker
PRITZKER LEVINE LLP

Warren T. Burns
BURNS CHAREST LLP

Paul J. Geller
ROBBINS GELLER RUDMAN & DOWD LLP

Lynn Lincoln Sarko
KELLER ROHRBACK LLP

Rex A. Sharp
SHARP LAW, LLP

Defense Counsel

Dimitrios T. Drivas
Robert A. Milne
Raj S. Gandesha
Edward Thrasher
Kathryn Swisher
WHITE & CASE LLP

Heidi K. Hubbard
Paul B. Gaffney
Akhil K. Gola
WILLIAMS & CONNOLLY LLP

Joseph Rebein
Zach Chaffee-McClure
Ashley Harrison
SHOOK HARDY & BACON LLP

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92 thoughts onPfizer EpiPen $345M Class Action Settlement

  1. Do math better says:

    The person below has poor math. 20% consumer part of the $230 million left after fees is $46 million just for Pfizer. Add in the Mylan and the total is over $75 million if you get both so the amounts are not the same for everyone. And payment emails are still going out this week because I got one tonight. Thanks

  2. waitNOmore says:

    Contacted ABB Data after trying for DAY’S. They said If you have not received the first email, You do not have a valid claim. 90% of first email payment notices were already sent. They sent emails between March and April for claimants to correct any deficiencies. For those who commented by posting “ADD ME”, YOU are getting nothing. you did not file a legal claim. DUH. Payments are going out between June 14th, and June 30th for those who were contacted by the initial email. All payments are the same. If you spent $3000 you are getting the same amount as someone who spent $600. No prorating. All valid claimants split and share the $10,850,000. Amount paid is dependent on how many VALID claims are processed. They would not give a number to me. My guess is that the payment is going to be way under $100 per claimant. Not fair considering what valid claimants spent. Insurance co and third party payers did better than consumers. We all know how well the attorneys did. $115 million payday for the attorneys leading the case. $10,850,000 for consumers. HMMMMM……

    1. Stacy says:

      This post didn’t age well.

      1. BRIAN says:

        Right! Know it all’s

  3. David says:

    If I haven’t received the first email can I assume I will not be receiving payment?

  4. emily ortiz says:

    Got email today said between June 14 th n 19 th recieve digital payment?

  5. Becky R says:

    MAY 8, 2023 UPDATE:

    The Settlement Administrator is commencing the distribution process to eligible claimants. Consumers with a valid claim are being sent an initial email to the email address provided on the Claim Form with instructions on how to redeem payment through the digital payment process. Within the next 30 to 45 days, a second email will be sent with a live link to redeem the digital payment and the amount of the payment. Payment amounts will not be available until you receive that second email.

  6. bob james says:

    April 5th, 2023 UPDATE:

    The Settlement Administrator expects to begin the distribution process to eligible claimants within the next 30 days. When the distribution is ready to commence, consumers with a valid claim will be sent an initial email to the email address provided on the Claim Form with instructions on how to redeem payment through the digital payment process. Shortly thereafter, a second email will be sent with a live link to redeem the digital payment and the amount of the payment. Payment amounts will not be available until you receive the email. If you have any questions about your claim or the claim process, or you would like to confirm your email address, please contact the Settlement Administrator by email at info@EpiPenClassAction.com or call 1-877-221-7632.

    Please continue to check the website for further updates.

  7. Maria Chacon says:

    I filed as well but have not seen any money

  8. Valarie Gray says:

    Did anyone ever receive any monies from this class action? Or, was it just so the attorneys could pad their pockets?

  9. Linda says:

    What is going on with settlement?

  10. robyn small says:

    hi i just got this notice in the mail and it said case closed. so how do i file a claim?

    1. matt lemuci says:

      what dont ya get…CASE CLOSED

      1. Hope this helps says:

        This case is closed but there is another case they opened because other companies settled with them. Just go to the website listed above and file a claim..

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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.