Top Class Actions  |  September 15, 2022

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

phone with logo of pharmaceutical company Endo International plc on screen in front of web page - Opana ER, Impax, opana class action
(Photo Credit: T. Schneider/Shutterstock)

Update:

  • The court granted this settlement final approval Dec. 15, 2022.
  • Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Impax Laboratories agreed to a $15 million settlement to resolve a class action lawsuit claiming it worked with Endo Pharmaceuticals to suppress generic Opana ER alternatives, causing third-party payors to pay more than was fair.

The settlement benefits individuals and entities who purchased, paid for or provided reimbursement for brand or generic Opana ER sold by Endo or Impax between April 2011 and September 2018 in Arizona, California, Florida, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, Missouri, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, Oregon, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin and the District of Columbia. 

Opana ER (oxymorphone hydrochloride extended release) is an opioid pain reliever used to treat moderate to severe pain. In June 2017, the U.S. Food and Drug Administration (FDA) requested Endo Pharmaceuticals remove Opana ER from the market due to concerns about opioid abuse.

According to a class action lawsuit, Endo Pharmaceuticals and Impax Laboratories entered into a “reverse payment” agreement which delayed the launch of Impax’s generic version of Opana ER. As a result of this agreement, consumers and insurers were allegedly forced to pay a higher price for brand name Opana. In a health market, the plaintiffs say they would have been able to pay a lower price for generic opioids. 

The Opana class action lawsuit claims the agreement between Endo and Impax violated state and federal antitrust laws. 

Impax hasn’t admitted any wrongdoing but agreed to pay $15 million to resolve this antitrust class action lawsuit. A federal jury determined that Endo was not in violation of state and federal antitrust laws despite its market power over Opana ER, but the plaintiffs reportedly intend to appeal this decision.

However, as these appeals are not guaranteed, this settlement may be class members’ only opportunity to receive compensation for these claims.

Under the terms of the Impax settlement, class members can receive a settlement payment based on the amount they paid for brand or generic Opana ER products. Class members who paid a larger sum for these products will receive a larger proportional share of the net settlement fund.

Exact payment amounts are not available at this time.

The deadline for objection is Nov. 7, 2022. No exclusion deadline is noted in the settlement notice.

The final approval hearing for the settlement is scheduled for Dec. 15, 2022.

In order to receive settlement benefits, class members must submit a valid claim form by Jan. 5, 2023.

Who’s Eligible

The settlement benefits individuals and entities who purchased, paid for or provided reimbursement for brand or generic Opana ER sold by Endo or Impax between April 2011 and September 2018 in Arizona, California, Florida, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, Missouri, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, Oregon, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin and the District of Columbia. 

Potential Award

Varies

Proof of Purchase

Documentation of at least one purchase of brand-name or generic Opana ER.

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

01/05/2023

Case Name

In re: Opana ER Antitrust Litigation, Case No. 14-cv-10150 in the U.S. District Court for the Northern District of Illinois

Final Hearing

12/15/2022

Settlement Website
Claims Administrator

Opana ER Antitrust Class Action
P.O. Box 173067
Milwaukee, WI 53217
info@opanaerantitrustlitigation.com
877-888-6423

Class Counsel

Gregory S Asciolla
DICELLO LEVITT LLC

Robert Wozniak
FREED KANNER LONDON & MILLEN LLC

Defense Counsel

Devora W Allon
KIRKLAND & ELLIS LLP

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13 thoughts onOpana ER price-fixing $15M class action settlement

  1. Christina says:

    Totally shocked to have received a check today for $20,000!!!

    1. Yes! says:

      I got $56,000!

    2. Lynda Looh says:

      Congrats! I received a check for $100 in California today.

    3. ted says:

      what was your claim amount?

  2. John O"Malley says:

    Add Me Just heard about this . I have paid for every pain med out there due to 3 failed back surgeries. Now on suboxone due to addiction to them.

  3. melissa shingara (tharp) says:

    I submitted my claim a few days late because i was having problems, getting proof from my previous doctor. thank you

  4. PRAKASH C SHAH says:

    Add me

  5. John Gullett says:

    It’s bad enough our corrupt government is trying to stop the sales of all medication that’s an opiate, but now giving the pharmaceutical industry a way of overcharging the people who our corrupt government now considers us drug addicts from injuries to cancer we’ve gotten that helps us live with any pain relief

  6. Barbara W Rogers says:

    please add me

  7. Barbara W Rogers says:

    add me

  8. Tina Litzinger says:

    Add me was on these for 3 years

  9. Brandy cole says:

    Add me please

    1. Dinora D says:

      me to!

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.