Top Class Actions  |  January 4, 2022

Category: Closed Class Actions

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Bristol-Myers Squibb building - Bristol-Myers Squibb, BMS, is an American pharmaceutical company. - evotaz - hiv drugs - atripla class action
(Photo Credit: nitpicker/Shutterstock)

Bristol-Myers Squibb has agreed to a $10 million HIV drugs class action lawsuit settlement to resolve antitrust claims involving Evotaz and Atripla.

The partial settlement benefits patients, purchasers, and all other entities who paid for brand-name or generic Atripla or Evotaz between May 14, 2015, and Oct. 13, 2021.

Bristol-Myers Squibb is one of numerous companies that manufacture combination HIV drugs. The company specifically manufactures Evotaz, a combination of atazanavir and cobicistat.

Bristol-Myers Squibb, Gilead Sciences, Janssen, and other companies were accused of valuing profits over patients by inflating the cost of their combination HIV drugs through anti-competitive agreements. These agreements allegedly suppressed or delayed the availability of generic alternatives.

As a result, patients and insurers are allegedly forced to pay inflated prices for life-saving medications.

Bristol-Myers Squibb hasn’t admitted any wrongdoing but agreed to settle the claims surrounding Evotaz and Atripla with a $10 million class action settlement.

Under the terms of the Bristol-Myers Squibb HIV drugs class action lawsuit settlement, $2.5 million will be distributed amongst members of the Atripla and Evotaz Classes. Exact payment amounts will vary depending on the number of claims filed.

Of the $10 million settlement, $5 million will be set aside for the resolution of future claims in the HIV drugs class action settlement. If there are no further settlements, the remaining funds from Bristol-Myers Squibb will be distributed amongst Evotaz and Atripla claimants.

In addition to providing cash benefits, the settlement with Bristol-Myers Squibb waives a provision in the company’s Evotaz agreement with Gilead. As a result of this waiver, Gilead may choose to change some of its combination HIV drug marketing.

This $10 million settlement doesn’t completely resolve the claims against the pharmaceutical giants. The partial settlement deal only resolves claims surrounding brand-name or generic Atripla or Evotaz. 

Claims remain surrounding other companies and their handling of Biktarvy, Complera, Descovy, Odefsey, Prezcobix, Stribild, Symtuza, Truvada, and Viread.

Other settlements surrounding other HIV drugs may occur in the future. Subscribe to Top Class Actions’ weekly newsletter to stay updated on new open settlements.

The deadline for exclusion and objection is March 15, 2022. 

The final approval hearing in the Bristol-Myers Squibb HIV drugs class action lawsuit settlement is scheduled for April 28, 2022.

In order to benefit from the settlement, purchasers of HIV drugs must submit a valid claim form within 60 days of the final approval date. 

Based on the scheduled final approval hearing date, the estimated claim deadline is June 27, 2022. However, the actual claim deadline could be earlier or later, depending on the actual date of final approval.

Who’s Eligible

Settlement benefits patients, purchasers, and all other entities who paid for brand-name or generic Atripla or Evotaz between May 14, 2015, and Oct. 13, 2021.

Potential Award

Varies.

Proof of Purchase

Settlement Administrator may ask for additional proof supporting your claim.

1. Itemized receipts that show payment(s) for the subject drugs; or
2. An EOB (explanation of benefits) from your insurer that shows you paid for the subject drugs; or
3. Records from your pharmacy showing that you paid for the subject drugs; or
4. Copies of records showing prescriptions written for the subject drugs.

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

06/27/2022

Case Name

Staley, et al. v. Gilead Sciences, Inc., et al., Case No. 3:19-cv-02573-EMC in the U.S. District Court for the Northern District of California

Final Hearing

04/28/2022

Settlement Website
Claims Administrator

Staley, et al. v. Gilead Sciences, Inc., et al.
P.O. Box 173017
Milwaukee, WI 53217
info@HIVDrugSettlement.com
877-999-2491

Class Counsel

Steve W. Berman
HAGENS BERMAN SOBOL SHAPIRO LLP

Steve Shadowen
HILLIARD & SHADOWEN LLP

Daralyn J. Durie
DURIE TANGRI LLP

Defense Counsel

Aileen M. FairSenior
Corporate Counsel
Litigation & Government Investigations
BRISTOL-MYERS SQUIBB COMPANY

Daniel B. Asimow
Laura S. Shores
James L. Cooper
Anne P. Davis
ARNOLD & PORTER KAYE SCHOLER LLP

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2 thoughts onEvotaz, Atripla HIV drugs antitrust $10M class action settlement

  1. Dosh says:

    Denial letter today

  2. HD says:

    Atripla is incredibly toxic and Gilead absolutely kept a safer drug off the market to keep making money on their first brand. SIGN. ME. UP.

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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.