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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!
UPDATES:
- This class action settlement is paying out up to $3,780.72 as of June 9, 2023.
- Congratulations to everyone who filed a claim and got paid!
- The Court granted final approval to this class action settlement Nov. 17, 2021.
- Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Pfizer Inc., Meridian Medical Technologies Inc., and King Pharmaceuticals LLC, formerly known as King Pharmaceuticals Inc. — collectively the “Pfizer defendants” — have agreed to a $345 million settlement in an EpiPen class action lawsuit.
The Class includes any person or entity in the United States who paid or provided reimbursement for some or all of the purchase price of branded or authorized generic EpiPens for the purpose of consumption, and not resale, by themselves, their family, insureds, plan participants, employees, or beneficiaries, at any point between Aug. 24, 2011, and Nov. 1, 2020, and did not exclude themselves from the Class during the initial notice period.
Government entities, “single flat co-pay” consumers, those who purchased EpiPens directly from the defendants, fully insured health plans, individuals whose only purchases of EpiPens occurred before March 13, 2014, and others are excluded from participation in this settlement. More information on exclusions is available in the settlement notice.
Consumers filed their EpiPen class action lawsuit in 2017 claiming Pfizer and Mylan plotted to maintain EpiPen’s monopoly by issuing large rebates to insurers and Medicaid plans that refused to cover competing medications. The class action was filed after the price of EpiPens rose from $100 to $600 in under 10 years.
The current settlement does not resolve claims against other defendants in the class action lawsuit: Mylan N.V., Mylan Specialty L.P., Mylan Pharmaceuticals Inc., Viatris Inc., or Heather Bresch (the “Mylan defendants”). A trial over those claims is scheduled to begin Jan. 24, 2022.
Pharmaceutical giant Pfizer denies any liability in this case.
Attorneys’ fees and other expenses will be paid from the $345 million settlement fund.
The settlement funds are divided into two pools: one for individual consumers and one for third-party payors.
Eighty percent will be allocated to the third-party payor Class Member pool, while the remaining 20 percent will be allocated to the individual consumer pool.
Within each pool, Class Members’ individual recovery will be a portion of that pool to be determined by the Class Member’s allowed claim compared to the total allowed claims of all Class Members in the same pool who also submit valid and timely claims.
Class Members who choose not to take any action give up their right to ever be part of any other lawsuit against the Pfizer defendants about the legal claims resolved by this settlement.
A fairness hearing in the EpiPen class action settlement will be held Oct. 27, 2021.
The deadline to object to the settlement is Sept. 24, 2021.
The claim deadline is Nov. 12, 2021.
Who’s Eligible
The Class includes any person or entity in the United States who paid or provided reimbursement for some or all of the purchase price of branded or authorized generic EpiPens for the purpose of consumption, and not resale, by themselves, their family, insureds, plan participants, employees, or beneficiaries, at any point between Aug. 24, 2011, and Nov. 1, 2020, and did not exclude themselves from the Class during the initial notice period.
Potential Award
Varies
Proof of Purchase
No documentation is required to file a claim. However, the settlement administrator may ask for additional proof supporting your claim. The following are acceptable forms of documentation for the purchase information:
- Itemized receipts, cancelled checks, or credit card statements showing payment(s) for branded or generic EpiPens
- An EOB (explanation of benefits) from your insurer showing you paid for branded or generic EpiPens
- Pharmacy records showing you paid for branded or generic EpiPens
- Copies of records showing prescriptions written for branded or generic EpiPens
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
11/12/2021
Case Name
In re: EpiPen Marketing, Sales Practices, and Antitrust Litigation, Civil Action No. 2:17-md-02785-DDC-TJJ
(MDL No: 2785), in the U.S. District Court District of Kansas
Final Hearing
10/27/2021
Settlement Website
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
Dimitrios T. Drivas
Robert A. Milne
Raj S. Gandesha
Edward Thrasher
Kathryn Swisher
WHITE & CASE LLP
Heidi K. Hubbard
Paul B. Gaffney
Akhil K. Gola
WILLIAMS & CONNOLLY LLP
Joseph Rebein
Zach Chaffee-McClure
Ashley Harrison
SHOOK HARDY & BACON LLP
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