Restasis eye drops $30M antitrust class action lawsuit settlement

Updates:

• Top Class Actions readers reported this settlement paying out up to $301.29 as of Nov. 8, 2023. 
• Congratulations to everyone who filed a claim and got paid!

• The court granted final approval to the settlement Aug. 2, 2022.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Allergan has agreed to pay nearly $30 million to resolve class action lawsuit claims it used anti-competitive tactics to raise the price of Restasis eye drops. Those who are eligible must file a Restasis settlement claim form in order to benefit.

The settlement benefits both consumers and third-party payors, such as employers and insurers. 

Consumers are included in the settlement and are eligible to file a claim form if they purchased Restasis eye drops between May 1, 2015, and July 31, 2021, in Arizona, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin. 

Third-party payors are eligible if they purchased Restasis eye drops between May 1, 2015, and July 31, 2021, in Arizona, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, West Virginia, and Wisconsin.

Consumers and third-party payors in Arkansas are also eligible if they purchased or paid for Restasis eye drops between May 1, 2015, and July 31, 2017.

Restasis is an eyedrop medication used to treat chronic dry eye syndrome, a permanent condition caused by aging, contact lenses, medication, and other factors. The medication helps treat chronic dry eye syndrome by increasing tear production.

Restasis has been widely successful due in part to the lack of competing generic products. According to a class action lawsuit against Allergan, this was intentional.

Plaintiffs in the Restasis class action lawsuit claim Allergan obtained an illegal monopoly on the eyedrop medication through anti-competitive tactics. As a result, generic alternatives for Restasis were allegedly suppressed — allowing Allergan to charge a premium price for the medication.

In order to secure the monopoly, Allergan allegedly secured fraudulent patents based on misleading data which falsely claimed that the company found new results for Restasis, according to the class action lawsuit. The company then used these patents to submit petitions to the U.S. Food and Drug Administration (FDA) and sue generic competitors, the plaintiffs contend. When the scheme started to fall apart, Allergan allegedly transferred its fraudulent patents to the Saint Regis Mohawk Tribe in an attempt to claim immunity.

As a result of these actions, consumers and third-party payors were allegedly forced to pay a premium for brand-name Restasis eye drops when they could have paid a lower cost for a generic alternative.

Allergan hasn’t admitted any wrongdoing but agreed to resolve the claims against it with a $29.99 million settlement. 

Under the terms of the Restasis price settlement, Class Members can file a claim form and collect a cash payment. 

Payment amounts will vary depending on how many units each Class Member purchased, the price they paid for Restasis, and other factors. However, according to the settlement website, each Class Member will receive at least $15.

The deadline for exclusion from the settlement is May 3, 2022. 

The deadline for objection is June 7, 2022. 

The final approval hearing for the Restasis price class action lawsuit settlement is scheduled for June 7, 2022.

In order to benefit from the Restasis settlement, Class Members must submit a valid claim form by Aug. 11, 2022.

Who’s Eligible

The settlement benefits both consumers and third-party payors such as employers and insurers. 

Consumers are included in the settlement if they purchased Restasis eye drops between May 1, 2015, and July 31, 2021, in Arizona, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin. 

Third-party payors are eligible if they purchased Restasis eye drops between May 1, 2015, and July 31, 2021, in Arizona, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, West Virginia, and Wisconsin.

Potential Award

Varies

Proof of Purchase

Consumer: If possible, submit any of the following:

• Pharmacy records showing you purchased Restasis at least once
• A doctor’s note or records describing the amount of Restasis you were prescribed

Third-Party Payors:

• Unique patient identification number or code 
• NDC Number
• Fill date or date of service
• State of service
• Amount billed, not including any dispensing fee 
• Amount paid by the third-party payor, net of co‐pays, deductibles, and co‐insurance
• A notation identifying claims for which, as of the date in item above, you were not providing prescription drug coverage, and, instead, acted in an administrative services only or third‐party administrator capacity.

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

08/11/2022

Case Name

In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation, Case No. 18-md-2819 in the U.S.District Court for the Eastern District of New York

Final Hearing

06/07/2022

Settlement Website

RestasisLitigation.com

Claims Administrator

Restasis Settlement
c/o A.B. Data, Ltd.
P.O. Box 173107
Milwaukee, WI 53217
info@RestasisLitigation.com
877-868-6810

Class Counsel

GIRARD SHARP LLP

LIEFF CABRASER HEIMANN & BERNSTEIN LLP

JOSEPH SAVERI LAW FIRM INC

ZWERLING SCHACHTER & ZWERLING LLP

Defense Counsel

GIBSON DUNN & CRUTCHER LLP