A website has been established for a Lovenox price-fixing class action lawsuit which recently saw the certification of a Class of indirect purchasers of the anticoagulant.
The website provides information regarding the class action which is scheduled to go to trial unless a settlement can be reached.
While the website is live, it is not accepting claims yet. Top Class Actions will provide claim filing instructions as soon as they become available.
Meanwhile, viewers will receive an email notice when this article is updated with more information by using a free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
Plaintiffs in the Lovenox class action lawsuit motioned for Class certification in November and were subsequently granted certification by the court.
The certified Class includes individuals or entities who bought or provided payment for Lovenox or enoxaparin (the generic form of the drug) between Sept. 21, 2011 and Sept. 30, 2015.
The Class includes hospitals, third party payors, and people without insurance from the following states: Arizona, Arkansas, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.
Class Members had until Dec. 19, 2019 to exclude themselves from the Class or object to the Lovenox class action lawsuit.
Lovenox, and the generic form enoxaparin, are blood thinning medications used to manage the risk of blood clots. The medication is particularly prescribed to people who are at risk for developing clots in the legs through a condition known as deep vein thrombosis.
According to plaintiffs in the Lovenox class action lawsuit, manufacturers Momenta Pharmaceuticals Inc. and Sandoz Inc. conspired together to artificially increase the cost of the medications. The companies allegedly achieved this by suppressing other generic forms of Lovenox – meaning that the only options for the medication were Lovenox or the generic enoxaparin.
In 2003, Momenta and Sandoz reportedly reached an agreement under which the companies would split Sandoz’s profits from generic enoxaparin. However, according to the plaintiffs, the terms of this agreement were only in effect if Sandoz was the only company to sell the generic drug.
In order to suppress the competition, Momenta allegedly secured a patent on the quality test used in the production of enoxaparin. This reportedly meant that no other companies could manufacture the generic medication without infringing on the patent.
Other companies attempted to sell the generic medication or patent the testing practice but were allegedly manipulated or sued by Momenta until they backed off – ensuring the company’s control of the market.
As a result of the agreement and subsequent suppression of competition, Momenta and Sandoz reportedly secured a monopoly which allowed them to increase the price of the medication. Plaintiffs in the Lovenox class action lawsuit claim that indirect purchasers of the products were financially harmed by the alleged price-fixing scheme.
Did you take Lovenox or the generic form of the drug, enoxaparin? Share your experiences in the comment section below.
Plaintiffs and the recently certified Class are represented by Brendan P. Glackin, Mark P. Chalos, Dean M. Harvey, Bruce W. Leppla, Katherine L. Benson, John Tate Spragens and Adam Gitlin of Lieff Cabraser Heimann & Bernstein LLP.
The Lovenox Antitrust Class Action Lawsuit is The Hospital Authority of Metropolitan Government of Nashville and Davidson County Tennessee, et al. v. Momenta Pharmaceuticals Inc., et al., Case No. 3:15-cv-01100, in the U.S. District Court for the Middle District of Tennessee.
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