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This settlement is closed!
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Medicis Pharmaceutical Corp. and Impax Laboratories have agreed to pay a total of $43 million to end a class action lawsuit alleging they violated state antitrust and consumer protection laws and unjust enrichment laws by agreeing not to compete with other drug companies, keeping lower-cost generic versions of Solodyn off the market.
Lead plaintiffs, including health insurers and consumers, alleged in several class action lawsuits that a cheaper, generic version of the acne medicine, Solodyn, was kept off the market as a part of a conspiracy by drug companies to keep the costs of the drug high. The class action lawsuits were eventually consolidated into multidistrict litigation (MDL).
Medicis and Impax do not admit any liability under the terms of the class action settlement, but agreed to pay two Classes – a consumer and third-party payor Class – along with attorney fees and costs and incentive awards.
Consumer Class Members include those who purchased Solodyn between July 23, 2009 and Feb. 25, 2018 and reside in certain states.
Third-Party Payor Class Members include all health insurance companies, third-party administrators, health maintenance organizations, health and welfare plans that make payments from their own funds, and other health benefit providers and entities with self-funded plans that contract with a health insurer or administrator to administer their prescription drug benefits who purchased Solodyn between July 23, 2009 and Feb. 25, 2018 in certain states.
The deadline to object to the Medicis settlement is May 28, 2018. Those Class Members who want to object to the Impax settlement have until June 18, 2018 to do so.
Who’s Eligible
There are two categories of Class Members, the Consumer Class and Third-Party Payor Class.
Class Members include those who purchased, paid and/or provided reimbursement for some or all of 45mg, 55mg, 65mg, 80mg, 90mg, 105mg, 115mg, and/or 135mg Solodyn and/or its generic equivalent prescription in Alabama, Alaska, Arizona, Arkansas, California, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming, the District of Columbia and Puerto Rico from July 23, 2009 and Feb. 25, 2018.
Potential Award
“At this time, it is unknown how much each member of the Class who submits a valid claim will receive. Payments will be based on a number of factors, including the number of valid claims filed by all members of the Class and the dollar value of each member of the Class’ purchase(s) in proportion to the total claims filed.”
Proof of Purchase
No proof of purchase necessary; however, the settlement administrator may ask for additional proof of payment.
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
7/31/2018
Case Name
In re: Solodyn (Minocycline Hydrochloride) Antitrust Litigation, Case No. 1:14-md-02503, in the U.S. District Court for the District of Massachusetts
Final Hearing
7/11/2018 (Medicis)
7/18/2018 (Impax)
UPDATE: The Solodyn Generic Pay-for-Delay Class Action Settlement was granted final approval on July 18, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On September 19, 2019, a Motion to Distribute Settlement Funds was filed with the court. This motion has not yet been granted. Top Class Actions will let our viewers know when the motion is approved. Any comments containing personal claim information will be deleted to protect viewer privacy.
UPDATE 3: On October 11, 2019, the Motion to Distribute Settlement Funds in the Solodyn Generic Pay-for-Delay Class Action Settlement was granted by the court. It is not known how quickly claims will be paid. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 4: On Jan. 6, 2020, Top Class Actions viewers started receiving checks worth as much as $1,575.64 from the Solodyn generic delay class action settlement. Congratulations to everyone who filed a claim and got PAID!
Settlement Website
Claims Administrator
In re: Solodyn Antitrust Litigation (End-Payor Action)
c/o A.B. Data Ltd.
P.O. Box 173034
Milwaukee, WI 53217
800-332-7414
info@SolodynCase.com
Class Counsel
Michael M. Buchman
MOTLEY RICE LLC
Steve Shadowen
HILLIARD & SHADOWEN LLP
Defense Counsel
Counsel for Impax:
Steven C. Sunshine
Tara L. Reinhart
Julia K. York
Sean M. Tepe
SKADDEN ARPS SLATE MEAGHER & FLOM LLP
Counsel for Medicis:
J. Douglas Baldridge
Lisa Jose Fales
Danielle R. Foley
VENABLE LLP
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481 thoughts onSolodyn Generic Pay-for-Delay Class Action Settlement
I called class council, amounts will be anywhere between 3-4$ per 100$ submitted. Council said they received more than expected submissions etc. Possibly by Feb/March.
great info thanks
Getting a check at the end of December ls just fine.
I second that what Mrs Jones said..perfectly fine.
ive noticed how some are saying theve been given their claim award amounts and even when disbursement will take place, but according to PACER no motion to distribute has been filed with the courts so its unlikely final amounts will be given out to claimants until the final reports have been submitted to the courts. so unless the motion is filed by the end of this month or shortly after the start of december, payments to claimants will not be sent out by the end of december like some are suggesting. (if they are they will, if not, they wont)
I’m confused about the alleged payment amounts.
First, this website lists the settlement total as being $43 million. The settlement website lists $23 million
If you look under the settlement documents, the plan of allocation says that 13% of the settlement will go to consumers. The other 87% will go to third party payees i.e. health insurance companies
A payment of $29 per $100 claimed seems way too high given how much of the settlement is going towards the consumer class
It is $43,000,000 total.There are two different involved in this settlement one agreed to pay $20 million and the other agreed to pay an additional $23,000,000 which combined is the $43,00,000 total
TRUE STATEMENT
The phone reps at AB Data only relay what the team who is handling the claim forms tells them. This applies to all of their lawsuits. The phone who answer the phone are only working the phone lines. They always don’t know what’s going on with the claim forms if they aren’t being given updated info. If you want up-to-date information about any lawsuit, call the class attorney’s office and also ask them to update the lawsuit website. If they were regularly updating it then people wouldn’t need to call for most of these lawsuits
Oops the people who answer the phone are only working the phone lines. They don’t work on the claim forms
The people who process and finalize claims are in the loop. They just don’t relay that information to the people who answer the calls. I think the same people who answer the phones for this claim do so for all of the lawsuits that they are handling. Their computer simply tells them which lawsuit the caller is calling about based on the number that we call. I also think that AB data has several offices, so like KCC, the people who answer the phone may not be in the same building as the ones who process claims and send out payments
Could be better news, but still OK. Checks out around second week of December. For every $100 in medication reported, we will receive $29.43. Class council is very helpful if you call they will fill you in on amounts!
That’s really good news.
When are checks going out?
I hope that’s true but ,where did you hear that?
any further info on checks?
I Talked to the class Counsil today, in 2weeks they will send everything to the judge to sign off on the Distribution they Goal is to distribute by the end of this year