Menactra Antitrust Direct Purchaser Class Action Settlement

A $61.5 million settlement has been reached in a class action lawsuit alleging Sanofi Pasteur Inc. engaged in anticompetitive conduct resulting in inflated prices for the Menactra meningitis vaccine.

If you bought Menactra directly from Sanofi Pasteur or a subsidiary (such as VaxServe Inc.) between March 1, 2010 and Dec. 31, 2014, you may be entitled to benefits from the class action settlement.

The Menactra class action lawsuit was filed by three pediatric physician practices, which allege that physicians, vaccine distributors, health systems and others who bought Menactra, a quadrivalent meningococcal vaccine (MCV4 vaccine), directly from Sanofi Pasteur paid higher prices than they should have paid for quadrivalent meningococcal vaccines.

Quadrivalent meningococcal vaccines inoculate against four different strains of bacterial meningitis.

According to the Menactra class action lawsuit, Sanofi Pasteur dominates the meningococcal vaccine market and enjoyed a 93 percent market share in 2012 when the first consolidated amended class action complaint was filed.

Novartis US was the only other company to sell a meningococcal vaccine in the United States, according to the Menactra class action lawsuit.

“Sanofi has maintained its dominance in the market for meningococcal vaccines through an anticompetitive and exclusionary scheme involving a web of anticompetitive contracts with multiple physician buying groups (‘PBGs’) across the U.S., which contracts were designed to impair, and have in fact impaired, Sanofi’s vaccine competition in the U.S.,” the Menactra class action lawsuit alleges.

These contracts allegedly penalized purchasers by imposing substantial price penalties when they purchase even small quantities of pediatric vaccines from Sanofi’s competitors.

“In fact, physician practice and hospital purchasers must pay Sanofi 15.8% to 34.5% higher prices for all of the Sanofi vaccines they buy—including some for which there are no or few available substitutes—if they do not use Sanofi’s pediatric vaccines exclusively, or near exclusively,” the Menactra class action lawsuit states.

This pricing scheme allegedly made it prohibitively expensive for many practices to purchase certain vaccines and has made it nearly impossible for other competing vaccine companies to compete fairly for market share.

The Menactra class action settlement was granted final approval on Oct. 20, 2017.

Who’s Eligible

Class Members of the Menactra settlement include all persons and entities in the United States and its territories that purchased Menactra directly from Sanofi Pasteur (or any of its affiliates, divisions, predecessors or subsidiaries, such as VaxServe Inc.) at any time from March 1, 2010 through Dec. 31, 2014.

Potential Award

To be determined, based on the total number of valid claims filed, the total dollar value of all filed claims, and the total money available to pay all claims.

Proof of Purchase

Class Members will be required to submit information supporting their claims, such as invoices that show the dollar amounts of Menactra purchases.

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

1/18/2018

Case Name

Adriana M. Castro, et al. v. Sanofi Pasteur Inc., Case No. 2:11-cv-07178-JMV-MAH, in the U.S. District Court for the District of New Jersey

Final Hearing

10/3/2017

Settlement Website

www.MenactraAntitrustLitigationSettlement.com

Claims Administrator

Menactra Antitrust Litigation Settlement
c/o Rust Consulting Inc. – 5203
P.O. Box 2563
Faribault, MN 55021-9563
1-866-216-0279

Class Counsel

Eric L. Cramer
BERGER & MONTAGUE PC

Linda P. Nussbaum
NUSSBAUM LAW GROUP PC

Defense Counsel

Colin R. Kass
PROSKAUER ROSE