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This settlement is closed!
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Teva and Dr. Reddy’s have reached a class action settlement with direct purchasers and end-payers who charged the generic drug makers with engaging in a pay-for-delay deal to keep generic versions of Nexium off the market, in violation of antitrust laws. If you purchased Nexium for yourself or your family or on behalf of an employee or member that you insure, you may qualify for benefits from this class action settlement.
The plaintiffs in this class action lawsuit allege that AstraZeneca, Ranbaxy, Dr. Reddy’s and Teva engaged in an “conspiracy to delay the introduction of generic versions of the prescription drug Nexium (delayed-release esomeprazole magnesium).”
They claim that the federal antitrust laws were broken when AstraZeneca paid Teva to not sell a generic version of the acid reflux drug. They also allege that Ranbaxy and Dr. Reddy’s Laboratories were part of the broader conspiracy to put off an introduction of generic Nexium.
This class action settlement provides relief for two classes: the end-payor class (consumer class) and the direct purchaser class (third-party payor class), who purchased or pr paid for some or all of the cost for Nexium and/or its AB-rated generic equivalent in its capture form in one of the following states: Arizona, California, Florida, Iowa, Kansas, Massachusetts, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah (while a resident or citizen of Utah), Vermont, West Virginia, Wisconsin, and/or the District of Columbia.
Under the deal, after legal costs, taxes and the $1 million for the indirect purchasers was accounted for, 61 percent of the settlement fund would go to to the direct purchasers and 39 percent would go to the direct buyers, or retailers.
There will be $24 million paid by Teva. Dr. Reddy’s was removed from the class action lawsuit in October 2014 and provided relief by agreeing to help the drug buyers at the trial against the three remaining defendants. Dr. Reddy did not pay anything to the classes to be removed as a defendant.
The class action lawsuit is still in process with the other non-settling defendants. Teva and Dr. Reddy’s do not admit to any wrongdoing, but they agreed to the terms of this class action settlement to avoid the costs and risk of trial. A Massachusetts federal judge granted preliminary approval of this class action settlement on June 16.
Who’s Eligible
There are two classes that are part of this Nexium antitrust class action settlement:
- Consumer Class: For those who purchased or paid for some or all of the purchase price for Nexium and/or its AB-rated generic equivalent from April 14, 2008 onward in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah (while a resident or citizen of Utah), Vermont, West Virginia, Wisconsin and/or the District of Columbia, in capsule form, for consumption by yourself or your family.
- Third-Party Payor Class: For those who purchased or paid for some or all of the purchase price for Nexium and/or its AB-rated generic equivalent from April 14, 2008 onward in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah (while a resident or citizen of Utah), Vermont, West Virginia, Wisconsin and/or the District of Columbia, in capsule form, for consumption by your members, employees, insureds, participants, or beneficiaries.
Potential Award
The class action settlement provides the following:
(a) $1 million to the End-Payor Class, which may be distributed in the form of a cy pres distribution (charitable distribution) as directed by the Court in the event no further recoveries are made that result in a distribution to members of the End-Payor Class
(b) 61 percent of the balance to be allocated to the Direct Purchaser Class and 39 percent of the balance to be allocated to the Individual Retailer Class.
Proof of Purchase
None needed.
Claim Form Deadline
N/A
Case Name
In re: Nexium (Esomeprazole) Antitrust Litigation
MDL No. 2409 in the U.S. District Court for the District of Massachusetts.
Final Hearing
09/29/2015
Settlement Website
www.NexiumCase.com
Claims Administrator
Notice Administrator:
855-298-0603
Class Counsel
HILLIARD & SHADOWEN LLC
WEXLER WALLACE LLP
COHEN MILSTEIN SELLERS & TOLL, PLLC
POMERANTZ LLP
Defense Counsel
Defense for Dr. Reddy’s: JONES DAY
Defense for Teva: KIRKLAND & ELLIS LLP
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19 thoughts onNexium Antitrust Class Action Settlement
I have been using this product for many years. Where is the claim form? Can you please email me one
I have purchased this product several times,please email me a claim form
I am in please call me for claim . I been using this product
where is the claim form? how do people apply for this?
UNLESS MORE DEFENDANTS SETTLE IN THE FUTURE THERES REALLY NO MONEY AVAILABLE FOR FINAL PURCHASERS REGARDLESS OF WHICH STATE YOU RESIDE…
What about Oklahoma?
None.
and Texas?
and New Jersey?
What about GA