Mylan EpiPen antitrust $264M class action settlement

Update:

• Final approval was granted for this class action settlement July 21, 2022.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Mylan agreed to pay $264 million as part of a class action lawsuit settlement to resolve claims it worked with Pfizer and other companies to raise the cost of the EpiPen.

The settlement benefits individuals and entities who paid for or provided reimbursement for branded EpiPens or generic equivalents between Aug. 24, 2011, and Nov. 1, 2020.

EpiPens are epinephrine injectors used to save people from life-threatening allergic reactions. Mylan, a Vitaris company, makes the branded version of EpiPen, but there are authorized generics available as well.

Unfortunately, according to a 2017 class action lawsuit, Mylan may have worked with Pfizer to artificially raise the price of life saving EpiPen products. Plaintiffs in the class action lawsuit claimed the companies knowingly violated antitrust and racketeering laws through their scheme.

“Defendants devised an illegal scheme to monopolize the market for epinephrine autoinjector devices,” the Mylan EpiPen class action lawsuit contends. “As a result, millions of Americans relying on this life-saving device have paid exorbitant prices for EpiPens that are in no way tethered to or constrained by a competitive market.”

In 2016, Mylan allegedly increased the price of EpiPens by over 600 percent — from $100 in 2007 to $608 in 2016. According to the plaintiffs, this price increase was part of Mylan’s alleged antitrust agreement with Pfizer, “driven solely by unaccountable executives and companies who sought to profit off of human misery and fear.”

To support its scheme, Mylan allegedly misclassified EpiPens under Medicaid’s rebate program, engaged in deceptive marketing, restrained competition, used invalid patents to block generics, and more. These actions prompted a 2017 investigation by the Federal Trade Commission.

Mylan hasn’t admitted any wrongdoing, but agreed to pay $264 million to resolve these allegations. Pfizer agreed to a similar settlement of $345 million in 2021.

Under the terms of the settlement, Class Members can receive a payment from one of two pools of funds. The first fund, which accounts for 20 percent of the net settlement fund, benefits individual consumers who purchased EpiPens. The second fund, made up of the remaining 80 percent of the net settlement fund, benefits third-party payors, such as insurance companies who paid for or reimbursed consumers for EpiPens.

Exact payment amounts will vary depending on the number of valid claims filed in each pool. 

The deadline for objection is June 8, 2022. 

The final approval hearing for the Mylan EpiPen settlement is scheduled for July 6, 2022.

In order to receive a payout from the EpiPen class action settlement, Class Members must submit a valid claim form by July 25, 2022. 

Class Members who submitted a claim form with the Pfizer settlement in 2021 do not have to submit a claim, as this form will be used by the Mylan EpiPen class action lawsuit settlement to disburse any payout in 2022.

Who’s Eligible

The settlement benefits individuals and entities who paid for or provided reimbursement for branded EpiPens or generic equivalents between Aug. 24, 2011, and Nov. 1, 2020.

Potential Award

Varies

Proof of Purchase

None required at the time the claim is made. However, the settlement administrator may ask for proof at a later time.

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

07/25/2022

Case Name

In re: EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, Civil Action No. 2:17-md-02785-DDC-TJJ in the U.S. District Court for the District of Kansas

Final Hearing

06/06/2022

Settlement Website

EpipenClassAction.com

Claims Administrator

EpiPen Settlement
c/o A.B. Data, Ltd.
P.O. Box 173113
Milwaukee, WI 53217
info@EpiPenClassAction.com
877-221-7632

Class Counsel

Elizabeth C. Pritzker
PRITZKER LEVINE LLP

Warren T. Burns
BURNS CHAREST LLP

Paul J. Geller
ROBBINS GELLER RUDMAN & DOWD LLP

Lynn Lincoln Sarko
KELLER ROHRBACK LLP

Rex A. Sharp
SHARP LAW LLP

Defense Counsel

Adam K. Levin
HOGAN LOVELLS US LLP