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A $63.5 million class action settlement will resolve claims that drug makers conspired to keep generic versions of Loestrin birth control off the market.
Class Members include those who bought certain brands of birth control made by Lupin Pharmaceuticals, including Loestrin 24 Fe, Minastrin 24 Fe, or their generic equivalents between Sept. 1, 2009 through May 2, 2019.
An additional Class includes third-party payors, such as self-insured health plans, that bought these birth control products for consumption by their members, employees, insured, participants, or beneficiaries between Sept. 1, 2009 and May 2, 2019.
The Loestrin birth control class action lawsuit alleged that a group of drug makers conspired to keep generic versions of oral contraceptives off the market. According to the plaintiffs, the drug makers took a series of actions to stymie competition, including:
- Using a fraudulently obtained patent
- Using the fraudulent patent to initiate sham lawsuits against generic drug makers
- Paying competitors to delay marketing of generic versions of Loestrin
- Conspiring with other drug makers to deter the release of cheaper generic alternatives
- Sabotaging the oral contraceptive market to coerce patients and doctors to switch to Minastrin 24
The defendants who reportedly engaged in the antitrust activity included Warner Chilcott, Allergan, Watson Pharmaceuticals Inc., Watson Laboratories Inc., and Lupin Pharmaceuticals Inc. The plaintiffs alleged that Warner Chilcott led the scheme to drive up the price of Loestrin 24 and Minastrin 24.
“But for the anticompetitive scheme and agreements, a generic version of Loestrin 24 would have been available to Plaintiffs and members of the Class in the United States as early as September 2009, when the FDA granted final approval to Watson’s generic Loestrin 24,” asserted the plaintiffs’ second amended Loestrin class action lawsuit.
“Other generic versions of Loestrin 24, including an authorized generic version marketed directly or indirectly by Warner Chilcott, would have also entered, driving the generic prices to down near marginal cost. Plaintiffs and the members of the Class would have purchased those generic products. Moreover, absent the anticompetitive scheme and agreements, Warner Chilcott would not have been able to substantially reduce the number of Loestrin 24 prescriptions available for generic substitution.”
According to the Loestrin birth control class action lawsuit, this antitrust activity caused consumers, along with intermediary third-party payors, to pay more for the oral contraceptives than they would have had they not schemed the market.
“Defendants’ unlawful scheme and agreements were designed to and did in fact: (a) delay the entry of less expensive generic Loestrin 24 drugs in the United States; (b) fix, raise, maintain or stabilize the price of Loestrin 24 drugs; and (c) allocate 100% of the United States market for Loestrin 24 drugs to Warner Chilcott,” alleged the Loestrin class action.
Ultimately, two settlements were reached in the Loestrin birth control class action lawsuit. Lupin Pharmaceuticals agreed to pay $1 million and cooperate with class action plaintiffs to end claims against it in May 2019.
The Lupin settlement specifically benefits consumers who directly purchased the birth control products. According to the Notice in the Lupin settlement, the $1 million fund will likely not lead to Class Member payments due to the “costs and expenses” of the litigation, “including payment of the cost of notice of the Lupin Settlement to the Lupin Settlement Class, and the incentive awards to the Named Plaintiffs.” However, any residual funds will be allocated to an approved charity.
On Jan. 30, 2020, Warner Chilcott and other defendants agreed to pay $62.5 million to exit the class action lawsuit. The Warner Chilcott class action settlement is limited to Class Members classified as third-party payors, including self-insured health plans that paid for Minastrin and Loestrin birth control on behalf of their members, employees, participants, or other beneficiaries.
Payments in the Wanter Chilcott settlement will vary depending on the number of claims filed and the value of each claim filed. Class Members can make a claim either online or by mail. The total amount paid for Loestrin 24 Fe, Minastin 24 Fe, and/or their AB‐rated generic equivalents in any form, along with supporting claims data must be submitted. Warner Chilcott settlement Class Members must submit claims by Sept. 21, 2020.
Class Members in the Lupin settlement can exclude themselves or object by June 22, 2020. The final approval hearing in the Loestrin birth control class action settlement is scheduled for Aug. 27, 2020.
Who’s Eligible
Consumer Class Members include individuals who purchased Loestrin 24 Fe, Minastrin 24 Fe, and/or generic versions of these drugs, for personal use.
Third-party payor Class Members include those, such as self-insured health plans, that purchased Loestrin 24 Fe, Minastrin 24 Fe, and/or generic versions of these drugs, for consumption by members, employees, insureds, participants, or beneficiaries, other than for resale.
The Class period for both Classes is Sept. 1, 2009 through May 2, 2019.
Potential Award
Varies.
- Consumer Class Members will not recieve a payment.
- Third-party Class Members will recieve payment depending on the amount of oral contraceptive purchased and the number of claims filed in the class action settlement.
Proof of Purchase
Third-party payors will need to provide the amount spent on Loestrin birth control, along with supporting claims data.
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
9/21/2020
Case Name
In re: Loestrin 24 Fe Antitrust Litigation, MDL No. 2472, Case No. 1:13-md-02472-WES-PAS, in the U.S. District Court for the District of Rhode Island
Final Hearing
8/27/2020
UPDATE: The Loestrin Birth Control Class Action Settlement was granted final approval on September 1, 2020. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
In re Loestrin 24 Fe Antitrust Litigation
c/o A.B. Data Ltd.
P.O. Box 173085
Milwaukee, WI 53217
1-877-324-0380
[email protected]
Class Counsel
Michael M. Buchman
MOTLEY RICE LLC
Defense Counsel
Leiv Blad Jr.
LOWENSTEIN SANDLER LLP
Peter J. Carney
WITE & CASE LLP
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17 thoughts onLoestrin Birth Control Class Action Settlement
Add me
Please include me I was prescribed this medication
please add me….
Have an 18 year old after taking Loestrin.
I hope they pay for their deception!
Add me
add me please
I don’t know I had to keep every single receipt from 10 years ago !
Please add me to this list because I have had so many problems with Loestrin birth control. Thank you.
This should probably be removed – it is not really for non-corporate applicants.
Agree.
yes-me, too
Add me
Add me