Bristol-Myers Squibb HIV cART drugs antitrust $10.8M class action settlement

Bristol-Myers Squibb agreed to a $10.8 million settlement to resolve claims it planned with other drug manufacturers to overcharge for HIV cART drugs.

The settlement benefits individuals or entities who purchased Atripla, Complera, Evotaz, Reyataz, Sustiva, Stribild, Truvada or any of their generic equivalents directly from manufacturers between Oct. 6, 2016, and Oct. 19, 2021.

Combination antiretroviral therapy, or cART, drugs use a combination of HIV drugs to keep HIV infections controlled. These drugs stop the virus from replicating in the body, allowing virus numbers to drop to undetectable levels. Drugs used for cART include Atripla, Complera, Evotaz, Reyataz, Sustiva, Stribild, Truvada and generic equivalents.

According to an antitrust class action lawsuit, Bristol-Myers Squibb and Gilead Sciences conspired together to raise the price of cART drugs. The companies allegedly worked together to extend their drug patents and suppress generic competitors — allowing them to charge supracompetitive prices.

The antitrust class action lawsuit claims these actions resulted in significant financial damages for direct purchasers who were forced to pay a much higher price for HIV cART drugs than they would have in a healthy market.

Bristol-Myers Squibb hasn’t admitted any wrongdoing but agreed to resolve these allegations with a $10.8 million class action settlement. The company agreed to pay an additional $200,000 for settlement notice expenses. 

This settlement does not resolve the remaining claims against Gilead Sciences.

Under the terms of the HIV cART drugs settlement, class members can receive a cash payment based on the number of qualifying purchases made during the class period.

Purchases of brand medications will receive a larger weight than those of generic drugs. Unit volume will also play a role in payment allocation. Exact payments will vary, with no estimates available. 

If funds remain in the settlement, class members may receive a second distribution. However, if remaining funds don’t warrant a second payment distribution, they will be held in escrow for any additional disbursements — for example, if Gilead settles the claims against it.

In addition to funding settlement payments, Bristol-Myers Squibb agreed to waive the enforcement of part of its Evotaz licensing agreement with Gilead. This means Gilead will be able to authorize a third party to market or license a combination drug containing Gilead’s Cobicistat and Reyataz, or generic atazanavir. However, Gilead is not required to do so.

The deadline for exclusion and objection is Oct. 6, 2022. 

The final approval hearing for the Bristol-Myers Squibb HIV cART drugs settlement is scheduled for Nov. 17, 2022.

In order to receive a settlement payment, class members must submit a valid claim form by Oct. 28, 2022.

Who’s Eligible

Individuals or entities who purchased Atripla, Complera, Evotaz, Reyataz, Sustiva, Stribild, Truvada or any of their generic equivalents directly from manufacturers between 10/06/2016 – 10/19/2021

Potential Award

Varies

Proof of Purchase

Proof of purchase not applicable

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

10/28/2022

Case Name

KPH Healthcare Services, Inc. v. Gilead Sciences, Inc., Case No. 3:20-cv-06961-EMC in the District Court for the Northern District of California

Final Hearing

11/17/2022

Settlement Website

HIVCartDirestPurchaserSettlement.com

Claims Administrator

Direct Purchaser cART Drug Antitrust
Settlement Claims Administrator
P.O. Box 990
Corte Madera, CA 94947-0990
info@HIVcARTDirectPurchaserSettlement.com

Class Counsel

Dianne M Nast
NASTLAW LLC

Michael Roberts
ROBERTS LAW FIRM US PC

Defense Counsel

Aileen Fair
BRISTOL-MYERS SQUIBB

Daniel B. Asimow
ARNOLD & PORTER KAYE SCHOLER LLP