Solodyn Antitrust Class Action Lawsuits Consolidated into MDL

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The U.S. Panel on Multidistrict litigation has consolidated 12 class action lawsuits alleging that drug companies conspired to keep generic, cheaper versions of the acne medication Solodyn off the market. The new Solodyn MDL will be held in the U.S. District Court of Massachusetts.

Solodyn (minocycline hydrochloride) is a teracycline antibiotic that is prescribed for the treatment of non-nodular moderate to severe acne.

The generic Solodyn class action lawsuits accuse Medicis Pharmaceutical Corp. of entering into anti-competitive agreements with generic drug manufacturers in violation of federal and state antitrust laws by excluding generic competition for Solodyn. This was allegedly done by “filing sham patent litigation and baseless citizen petitions with the Food and Drug Administration, entering into reverse payment agreements in which Medicis allegedly agreed to pay the generic manufacturer defendants substantial sums in exchange for delaying entry of their less expensive generic versions of Solodyn into the market, and enacting a ‘product-hopping’ scheme in which Medicis unnecessarily introduced varying dosages of Solodyn in an effort to deplete demand for approved drug dosages.”

The JPML agreed with the plaintiffs and the drug companies that centralizing the antitrust class action lawsuits into a single Solydyn MDL would “eliminate duplicative discovery; prevent inconsistent pretrial rulings; including with respect to class certification; and the conserve the resources of the parties, their counsel and the judiciary.”

Despite hearing arguments for centralizing the cases in Pennsylvania or Arizona, the JPML chose to create the Solodyn MDL in Massachusetts, stating: “we find that these actions involve common questions of fact, and that Section 1407 in the District of Massachusetts will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.”

The JPML further elaborated “[g]iven that this litigation involves the alleged anticompetative conduct of several pharmaceutical manufacturers concerning a prescription drug that has been widely marketed throughout the nation, any number of districts could serve as the transferee district,” and “[o]n balance, we conclude that the District of Massachusetts is an appropriate transferee district for this litigation. This district offers a forum that is both convenient and accessible for the parties and witnesses, particularly for the numerous defendants that are based along the East Coast.”

Current counsel information for the plaintiffs was not immediately available.

The new Solodyn Antitrust MDL is In Re Solodyn (Minocycline Hydrochloride) Antitrust Litigation, Case No. 1:14-md-02503, in the U.S. District Court for the District of Massachuchetts.

UPDATE: On March 26, 2018, several pharmacies have reached a settlement with Impax Laboratories Inc. in a class action lawsuit accusing Impax of agreeing to delay the release of a generic version of an acne medication called Solodyn (minocycline hydrochloride). Trial for the Solodyn class action lawsuit is continuing into the third week.

UPDATE 2: April 2018, the Solodyn generic pay-for-delay class action settlement is now open. Click here to file a claim.

UPDATE 3: 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!