Zymar, Zymaxid Antitrust Direct Purchaser Class Action Settlement

Direct purchasers of eye care products made by Allergan Inc., Senju Pharmaceutical, or Kyorin Pharmaceutical may be able to take part in a $9 million Zymar, Zymaxid antitrust class action settlement.

The Zymar, Zymaxid antitrust direct purchaser class action settlement ends allegations that the pharmaceutical companies conspired to delay the entrance of a generic version of a gatifloxacin ophthalmic solution prescribed to treat bacterial eye infections.

Class Members include individuals and entities who purchased Zymar and Zymaxid branded versions of the medicine directly from the manufacturers.

The class action lawsuit alleges that the companies violated antitrust laws by selling a version of the pink eye medicine that only varied slightly from the original in order to delay cheaper generic versions from being introduced to the market.

The pharmaceutical companies have agreed to pay $9 million under the terms of the Zymar, Zymaxid Antitrust direct purchaser class action settlement. The class action plaintiff, Hartig Drug Co., says that there are 95 Class Members eligible for the settlement.

The defendant pharmaceutical companies have admitted no liability under the Zymar, Zymaxid antitrust direct purchaser class action settlement, but the parties agree that they wish to avoid the continued expense, uncertainty, and delay of litigation.

In addition to the Zymar, Zymaxid antitrust direct purchaser class action settlement, the pharma companies have also recently settled separate lawsuits against them brought by Apotex Inc.

Class Members must submit their claims by Oct. 5, 2018. Those who wish to object to or exclude themselves from the Zymar, Zymaxid Antitrust direct purchaser class action settlement must also do so by Oct. 5, 2018.

The fairness hearing will be held Nov. 9, 2018.

Who’s Eligible

Class Members include individuals and entities who purchased Zymar or Zymaxid directly from Senju Pharmaceutical Co. Ltd., Kyorin Pharmaceutical Co. Ltd., or Allergan Inc. between June 15, 2010 and Dec. 31, 2017.

Potential Award

Varies depending on the number of units purchased by the Class Member.

Proof of Purchase

Personalized Claim Form and documentation of number of units purchased if they differ from the provided amount.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

10/5/2018

Case Name

Hartig v. Senju, et al., Case No. 1:14-­cv­-00719, in the U.S. District Court for the District of Delaware

Final Hearing

11/9/2018

Settlement Website

www.ZymarZymaxidSettlement.com

Claims Administrator

Hartig Drug Company Inc. v. Senju Pharmaceutical Co. Ltd. Settlement
c/o GCG
PO Box 9349
Dublin, OH 43017-4249
866-285-5811

Class Counsel

Gregory A. Frank
Marvin L. Frank
FRANK LLP

J. Clayton Athey
Eric J. Juray
PRICKETT JONES & ELLIOTT PA

Melinda R. Coolidge
Brent W. Landau
HAUSFELD LLP

Defense Counsel

Counsel for Allergan:
M. Sean Royall
Jason C. McKenney
Olivia A. Adendorff
GIBSON DUNN

Jeremy A. Tigan
MORRIS NICHOLS ARSHT & TUNNELL LLP

Counsel for Senju: 
William F. Sondericker
CARTER LEDYARD & MILBURN LLP

Stephen B. Brauerman
BAYARD PA

Derrick K. Takeuchi
GREENBERG WHITCOMBE TAKEUCHI GIBSON & GRAYVER LLP

Counsel for Kyorin:
Rosanna K. McCalips
JONES DAY

David E. Ross
Benjamin J. Schladweiler
SEITZ ROSS ARONSTAM & MORITZ LLP