EpiPen direct purchaser settlement agreement

Pfizer agreed to a $50 million EpiPen settlement to resolve claims that it conspired with other manufacturers to raise and fix the price of brand name and generic epinephrine autoinjectors.

The settlement benefits entities that purchased EpiPen or generic EpiPen products directly from the manufacturer between March 13, 2014, and April 3, 2024.

According to the class action lawsuit, Pfizer conspired with other manufacturers, such as Mylan to raise and fix the price of EpiPen prescriptions. This antitrust conspiracy allegedly forced consumers to pay a much higher price for life-saving epinephrine autoinjectors. This allegedly happened even when trying to save money with generic options.

Pfizer is a pharmaceutical manufacturer that sells epinephrine autoinjectors and numerous other branded and generic medications.

Pfizer hasn’t admitted any wrongdoing but agreed to pay $50 million to resolve the EpiPen class action lawsuit.

Under the terms of the settlement, class members can receive a proportional share of the net settlement fund based on the documented EpiPen purchases they made during the class period. Consumers who purchased brand name EpiPen products will receive higher payments than consumers who only purchased generic products. Final payments will vary depending on the number of claims filed and the types of purchases each consumer claims. No payment estimates are available at this time.

Previous settlements with Mylan returned $264 million to indirect purchasers and $465 million to the Department of Justice to resolve similar claims.

The deadline for exclusion and objection was May 28, 2024.

A Kansas federal judge granted final approval for this settlement on July 9, 2024.

Class members must submit a valid claim form by July 24, 2024, to receive EpiPen settlement payments.

Who’s Eligible

Entities that purchased EpiPen or generic EpiPen products directly from the manufacturer between March 13, 2014, and April 3, 2024.

Potential Award

Varies

Proof of Purchase

Invoices, receipts and other documentation of purchases

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

07/24/2024

Case Name

KPH Healthcare Services Inc. a/k/a Kinney Drugs Inc., et al. v. Mylan N.V., et al., Case No. 2:20-cv-02065-DDC-TJJ, in the U.S. District Court for the District of Kansas

Final Hearing

06/25/2024

Settlement Website

EpiPenDPPSettlement.com

Claims Administrator

EpiPen Direct Purchaser-Pfizer Settlement
c/o A.B. Data, Ltd.
P.O. Box 173113
Milwaukee, WI 53217
info@EpiPenDPPSettlement.com
866-778-6568

Class Counsel

Linda P Nussbaum
NUSSBAUM LAW GROUP PC

Michael L Roberts
ROBERTS LAW FIRM US PC

Defense Counsel

Raj Gandesha
WHITE & CASE LLP