Lidoderm Generic Delay Class Action Settlement

Three settlements have been reached in an antitrust class action lawsuit over the alleged delay of the release of a generic version of the Lidoderm pain patch.

If you purchased or paid for brand-name or generic Lidoderm (lidocaine patch 5%), you may be entitled to compensation from the nearly $105 million Lidoderm class action settlements.

The proposed antitrust class action settlement will resolve allegations against Endo Pharmaceuticals Inc., Teikoku Pharma USA Inc., Teikoku Seiyaku Co. Ltd., Actavis Inc., Watson Laboratories Inc., Actavis plc, Anda Inc., Anda Pharmaceuticals Inc. and Valmed Pharmaceuticals.

As part of a 2012 patent infringement settlement, Endo and Teikoku reportedly unlawfully paid the Watson, Actavis, Anda and Valmed defendants to delay the launch of a generic version of the Lidoderm patch, the antitrust class action lawsuit alleges. The generic version of the Lidoderm product was not launched until September 2013, according to the plaintiffs.

The plaintiffs claim that this patent infringement settlement was anticompetitive and violated laws in certain states. As a result of this allegedly anticompetitive settlement, they say they paid more for brand-name and generic Lidoderm than they otherwise would have paid.

But for Defendants’ unlawful Agreement, at least one generic version of Lidoderm would have been marketed and sold in the United States as early as August 2012,” the Lidoderm class action lawsuit says. “And but for Defendants’ unlawful Agreement, Plaintiffs and the members of the Class would have been able to fulfill their lidocaine patch 5% needs at significantly lower prices far earlier than they did, instead of being forced to pay for branded and generic Lidoderm at higher prices.”

The defendants deny the allegations and maintain that the settlement was a lawful compromise of patent infringement litigation. The Lidoderm class action lawsuit was granted Class certification in February 2017.

Even though they deny any wrongdoing, the defendants have agreed to pay up to $104.75 million to settle the Lidoderm class action lawsuit.

The Lidoderm class action settlements were preliminarily approved on May 1, 2018.

The deadline to object to the Lidoderm antitrust class action settlements is Aug. 21, 2018.

Who’s Eligible

End-Payor Class Members include all persons and entities in the United States who:

• Paid and/or provided reimbursements for some or all of the purchase price of brand-name Lidoderm between Aug. 23, 2012 and Sept. 14, 2013 and/or AB-rated generic Lidoderm between Sept. 15, 2013 and Aug. 1, 2014;
• In Arizona, California, Florida, Kansas, Maine, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, West Virginia or Wisconsin; and
• Purchased the name-brand or generic Lidoderm for consumption by themselves, a family member, or by their insureds, plan participants or beneficiaries.

Potential Award

The potential award each claimant is entitled to receive depends on the number and amount of valid claims submitted by End-Payor Class Members and the number of prescriptions or amount of branded or generic Lidoderm the claimant paid for.

Proof of Purchase

To be eligible for payment from the Lidoderm settlement, Class Members must fill out the Claim Form, provide all requested documentation, sign it, and submit it on the Lidoderm settlement website or mail it postmarked no later than Oct. 1, 2018.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

10/1/2018

Case Name

In re: Lidoderm Antitrust Litigation, Case No. 14-md-2521-WHO, in the U.S. District Court for the Northern District of California

Final Hearing

9/12/2018

UPDATE: The Lidoderm Generic Delay Class Action Settlement was granted final approval on Setpember 20, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: According to a status report filed with the court on April 1, 2019, it is currently estimated that claims will be paid on April 30, 2019.  Top Class Actions will let our viewers know as soon as we learn checks are in the mail.

UPDATE 3: A motion to distribute settlement funds was filed with the court on May 13, 2019.  Responses are due by May 28,  2019.  Replies are due by June 4, 2019.  It is not know at this time how quickly the judge will rule on the motion.  Once the motion is granted, it is not known how quickly claims will be paid.  Top Class Actions will let our viewers know as soon as we learn the motion to distribute is approved.

UPDATE 4: The motion to distribute end-payor settlement funds was approved on May 28, 2019.  It is not known how quickly checks will be mailed. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 5: On Aug. 5, 2019, Top Class Actions viewers started receiving checks from the Lidoderm class action settlement worth as much as $1,836. Congratulations to everyone who filed a claim and got PAID!

Settlement Website

LidodermAntitrustLitigation.com

Claims Administrator

Lidoderm End-Payor Notice Administrator
c/o KCC Class Action Services
P.O. Box 43491
Providence, RI 02940-3491
1-866-700-0414
info@LidodermAntitrustLitigation.com

Class Counsel

Dena C. Sharp
GIRARD GIBBS LLP

Renae D. Steiner
HEINS MILLS & OLSON PLC

Sharon K. Robertson
COHEN MILSTEIN SELLERS & TOLL PLLC

Defense Counsel

Counsel for Endo Pharmaceuticals:
George Gordon
DECHERT LLP

Heidi K. Hubbard
Stanley E. Fisher
Benjamin M. Greenblum
WILLIAMS & CONNOLLY LLP

Daniel Asimow
ARNOLD & PORTER KAYE SCHOLER LLP

Counsel for Teikoku Defendants:
David S. Elkins
Joseph A. Meckes
Noriyuki Shimoda
SQUIRE PATTON BOGGS (US) LLP

Counsel for Actavis, Watson, Anda and Valmed Defendants:
Karen Hoffman Lent
Steven C. Sunshine
Sean M. Tepe
SKADDEN ARPS SLATE MEAGHER & FLOM