Lovenox Price-Fixing Class Action Settlement

LOVENOX SETTLEMENT UPDATE:

• Readers reported this settlement paying out as of April 2022.
• Congratulations to everyone who filed a claim and got PAID!

A $120 million settlement has been reached in a Lovenox price-fixing class action lawsuit that claimed drug makers conspired to keep a cheaper generic version of the anticoagulant drug off the market.

Class Members include indirect purchasers of Lovenox or its generic equivalent, enoxaparin, including hospitals, third-party payors, and people without insurance who made the purchase for personal consumption by themselves, families, or patients.

The drug must have been purchased between Sept. 21, 2011 and Sept. 30, 2015 and in 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.

According to the Lovenox price-fixing class action lawsuit, Momenta Pharmaceuticals Inc. and Sandoz Inc. sold Lovenox and its generic equivalent enoxaparin. The companies allegedly engaged in antitrust activities to fight competition from another anticoagulant generic drug off the market.

Specifically, the plaintiffs say the companies agreed that they would share in the profits of enoxaparin made by Sandoz; however, the profit splitting would only take place if Sandoz’s drug was the only one on the market in the U.S.

In addition, the patent for a required quality test used to ensure enoxaparin met FDA requirements was allegedly secured by Momenta, making it impossible for other companies to produce an alternative. The class action lawsuit alleged that these actions translated into higher prices for indirect purchasers of the drug, who had no other options.

Neither of the defendants have admitted to any wrongdoing, but they have agreed to pay $120 million to end the claims. Under the terms of the Lovenox price-fixing class action settlement, Class Members can recover some of the money they paid to purchase either Lovenox or its generic equivalent enoaparin.

The amount of each claim will depend on the quantity of the drug purchased between Sept. 21, 2011, and Sept. 30, 2015, as well as the number of valid claims that are submitted.

Each Class Member will receive a percentage of the purchase price of the drug, depending on whether they bought generic or non-generic versions through retail or non-retail channels.

To make a claim, Class Members must either complete a Claim Form online submit one via mail. There are different Claim Forms for individuals, third-party payors, and hospitals. These forms can be accessed and printed from the settlement website.

The deadline to object to the Lovenox price-fixing class action settlement is March 16, 2020. The deadline for Class Members to exclude themselves has passed. The final approval hearing for the settlement is scheduled for May 29, 2020.

Who’s Eligible

“Hospitals, third-party payors, and people without insurance who indirectly purchased, paid for, and/or reimbursed some or all of the purchase price for, generic enoxaparin or Lovenox®, in 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, from September 21, 2011, through September 30, 2015…for the purpose of personal consumption by themselves, their families, or their members, employees, insureds, participants, patients, beneficiaries or anyone else.”

“With respect to third-party payors and people without insurance, the Class only includes those, described above, who purchased, paid for, and/or reimbursed some or all of the purchase price for, generic enoxaparin or Lovenox® from a pharmacy.”

Potential Award

Varies, depending on the amount of the drug purchased and number of valid claims.

Proof of Purchase

Consumer claims: Consumer Class Members need to submit the amount of the drug purchased and proof of purchase if possible.

Hospital claims: Hospital Class Members must provide invoice dates, identifying numbers of the drugs purchase, doseage, costs, and documentation of credits or rebates received.

Third-Party Payor claims: Third party payors must submit identification codes for patients, along with billing dates and information about amounts billed, paid, and insurance payments.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

9/1/2020   UPDATED

Case Name

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

Final Hearing

5/29/2020

UPDATE: The Lovenox Price-Fixing Class Action Settlement was granted final approval on June 9, 2020. Please note that claims will not be paid until after the claim deadline passes and the claim review process takes place. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

DVTMedsLawsuit.com

Claims Administrator

Enoxaparin Antitrust Settlement
c/o A.B. Data Ltd.
P.O. Box 173090
Milwaukee, WI 53217
1-888-208-9630
info@DVTmedslawsuit.com

Class Counsel

Brendan P. Glackin
LIEFF CABRASER HEIMANN & BERNSTEIN LLP

Defense Counsel

Michael L. Keeley
Bradley Justus
AXINN VELTROP & HARKRIDER LLP

Teresa T. Bonder
Matthew D. Kent
ALSTON & BIRD LLP

Read More Lawsuit & Settlement News:

Rust-Oleum Class Action Says Restore Paint Peels Quickly

Does Regions Bank Do FHA Loans?

$77M Ford Class Action Settlement Approval Requested

Lawsuit Filed over Alleged Catholic Church Sex Abuse Cover Up