Nexium, Diovan, Valcyte price fixing $145M class action settlement

Sun Pharmaceutical Industries and Ranbaxy Inc. have agreed to a $145 million class action lawsuit settlement to resolve claims the companies worked together to fix the price of generic Nexium and generic or branded Diovan and Valcyte.

The Nexium, Diovan and Valcyte class action lawsuit settlement establishes six classes of third-party payors:

• Generic Nexium Nationwide Class: Those who purchased or paid for some or all of the purchase price of AB-rated generic versions of Nexium in the U.S. and its territories between May 27, 2014, and Feb. 1, 2019
• Generic Nexium State Law Class: Those who purchased or paid for some or all of the purchase price of AB-rated generic versions of Nexium between May 27, 2014, and  Feb. 1, 2019, in Arizona, California, the District of Columbia, Florida, Hawaii, Iowa, Massachusetts, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Vermont, West Virginia and Wisconsin
• Brand or Generic Diovan Nationwide Class: Those who purchased or paid for some or all of the purchase price of Diovan and/or AB-rated generic versions in the U.S. or its territories between Sept. 28, 2012, and April 1, 2020
• Brand or Generic Diovan State Law Class: Those who purchased or paid for some or all of the purchase price of Diovan or AB-rated generic versions from Sept. 28, 2012, through April 1, 2020, in Arizona, California, the District of Columbia, Florida, Hawaii, Iowa, Massachusetts, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Vermont, West Virginia and Wisconsin
• Brand or Generic Valcyte Nationwide Class: Those who purchased or paid for some or all of the purchase price of Valcyte or AB-rated generic versions of Valcyte from Aug. 1, 2014, through April 1, 2020, in the U.S. or its territories
• Brand or Generic Valcyte State Law Class: Those who purchased or paid for some or all of the purchase price of AB-rated generic versions of Valcyte from Aug. 1, 2014 through April 1, 2020, in Arizona, California, the District of Columbia, Florida, Hawaii, Iowa, Massachusetts, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Vermont, West Virginia and Wisconsin

These classes do not include natural person consumers, the defendants or their officers, counties with self-funded prescription plans, and others. More information on exclusions is available on the settlement website.

Nexium is a heartburn medication, Valcyte is a prescription antiviral medication, and Diovan is a prescription blood pressure medication.

Plaintiffs in the class action lawsuit alleged the defendants violated both state and federal law. Generic drug maker Ranbaxy is accused of wrongfully obtaining tentative U.S. Food and Drug Administration (FDA) approval for a series of drug applications, including generic versions of Nexium, Diovan and Valcyte by misrepresenting factory conditions and data integrity analysis results.

Allegedly, Ranbaxy was granted “180-day exclusivity” status, which allowed the company to block other generics from being approved until its product was in the market.

The class action lawsuit argues this resulted in the drugs’ prices being higher than they otherwise would have been.

After attorneys’ fees and other expenses are deducted from the $145 million settlement fund, the remainder will be divided among class members who submit valid claim forms.

According to the allocation plan, 72.6% will go to the Diovan settlement classes, 26.2% to the Nexium lawsuit settlement classes and 1.2% to the Valcyte classes.

A final fairness hearing the Nexium, Diovan and Valcyte third-party payors class action lawsuit settlement will be held Sept. 8, 2022.

The deadline to object or ask to speak at the fairness hearing is July 18, 2022.

The deadline to file a claim in the Nexium, Diovan and Valcyte lawsuit settlement is Oct. 11, 2022.

Who’s Eligible

The settlement establishes six classes of third-party payors:

• Generic Nexium Nationwide Class: Those who purchased or paid for some or all of the purchase price of AB-rated generic versions of Nexium in the U.S. and its territories between May 27, 2014, and Feb. 1, 2019
• Generic Nexium State Law Class: Those who purchased or paid for some or all of the purchase price of AB-rated generic versions of Nexium between May 27, 2014, and  Feb. 1, 2019, in Arizona, California, the District of Columbia, Florida, Hawaii, Iowa, Massachusetts, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Vermont, West Virginia and Wisconsin
• Brand or Generic Diovan Nationwide Class: Those who purchased or paid for some or all of the purchase price of Diovan and/or AB-rated generic versions in the U.S. or its territories between Sept. 28, 2012, and April 1, 2020
• Brand or Generic Diovan State Law Class: Those who purchased or paid for some or all of the purchase price of Diovan or AB-rated generic versions from Sept. 28, 2012, through April 1, 2020, in Arizona, California, the District of Columbia, Florida, Hawaii, Iowa, Massachusetts, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Vermont, West Virginia and Wisconsin
• Brand or Generic Valcyte Nationwide Class: Those who purchased or paid for some or all of the purchase price of Valcyte or AB-rated generic versions of Valcyte from Aug. 1, 2014, through April 1, 2020, in the U.S. or its territories
• Brand or Generic Valcyte State Law Class: Those who purchased or paid for some or all of the purchase price of AB-rated generic versions of Valcyte from Aug. 1, 2014 through April 1, 2020, in Arizona, California, the District of Columbia, Florida, Hawaii, Iowa, Massachusetts, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oregon, South Dakota, Vermont, West Virginia and Wisconsin

Potential Award

TBD

Proof of Purchase

Related transaction data and any other claim documentation, such as invoices, supporting your claim in case the settlement administrator requests it later

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

10/11/2022

Case Name

In re: Ranbaxy Generic Drug Application Antitrust Litigation, Case No. 19-MD-02878-NMG in the U.S. District Court District of Massachusetts

Final Hearing

09/08/2022

Settlement Website

RanbaxyTPPLitigation.com

Claims Administrator

Ranbaxy TPP Litigation
c/o A.B. Data, Ltd.
P.O. Box 173137
Milwaukee, WI 53217
info@RanbaxyTPPLitigation.com
877-888-9232

Class Counsel

Gerald Lawrence
Renee A Nolan
LOWEY DANNENBERG PC

James R Dugan II
David S Scalia
TerriAnne Benedetto
THE DUGAN LAW FIRM APLC

Defense Counsel

Devora W Allon PC
Jay P Lefkowitz PC
KIRKLAND & ELLIS LLP