Namenda price-fixing $56M class action lawsuit settlement

Update:

• Final approval was granted for this class action settlement on March 23, 2023.

• Let Top Class Actions know when you receive a check in the comments section below or on our Settlements & Payouts Facebook group.

Manufacturers of brand-name Namenda and generic Alzheimer’s medications agreed to pay over $56 million as part of a settlement to resolve class action lawsuit claims that they worked together to raise medication prices.

The settlement benefits two classes: the Third-Party Payor Class and the Generic Defendants Class. These classes are defined as follows:

• Third-Party Payor Class: All third-party payors who indirectly purchased or paid for some or all of the purchase price of branded Namenda IR 5 or 10 mg tablets, AB-rated generic equivalents and/or Namenda XR capsules in Alabama, Arizona, California, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island (for purchases after July 15, 2013), South Dakota, Tennessee, Utah, Vermont, West Virginia and Wisconsin, between June 1, 2012, and Dec. 31, 2017.

• Generic Defendants Class: All persons or entities who indirectly purchased or paid for some or all of the purchase price of branded Namenda IR 5 or 10 mg tablets, AB-rated generic equivalents and/or Namenda XR since April 14, 2010.

Namenda and generic memantine are used to treat dementia related to Alzheimer’s disease. The drugs work by reducing chemicals in the brain that contribute to certain Alzheimer’s symptoms.

According to a class action lawsuit against Actavis, Merz, Teva, Dr. Reddy’s, Wockhardt and other generic manufacturers, the pharmaceutical companies conspired to raise and fix the price of Namenda. The companies allegedly perpetuated a monopoly scheme that kept generic alternatives off the market, allowing them to charge much more for Namenda than they would have in a competitive market.

The defendants in the case haven’t admitted any wrongdoing but agreed to a combined settlement of over $56 million to resolve these allegations. The brand-name defendants agreed to pay $54.4 million, while the generic defendants agreed to pay $2.038 million.

Under the terms of the Namenda lawsuit settlement, class members can receive a cash payment as reimbursement for some or all of the cost they paid for brand-name or generic Namenda products during the class period. 

Payments will vary depending on the number of products each class member purchased and the amount paid. Payments may be reduced from full reimbursement on a pro rata basis, depending on the number of claims filed with the settlement.

If funds are not sufficient due to the costs of notice and administration, settlement funds allocated to generic defendants class members may be used instead to pay third-party payor claims. If this occurs, generic purchasers may not receive any payments from the settlement.

The deadline for exclusion and objection is Feb. 3, 2023. 

The final approval hearing for the Namenda lawsuit settlement is scheduled for March 23, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Feb. 3, 2023.

Who’s Eligible

The settlement benefits two classes: the Third-Party Payor Class and the Generic Defendants Class. These classes are defined as follows:

• Third-Party Payor Class: All third-party payors who indirectly purchased or paid for some or all of the purchase price of branded Namenda IR 5 or 10 mg tablets, AB-rated generic equivalents and/or Namenda XR capsules in Alabama, Arizona, California, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island (for purchases after July 15, 2013), South Dakota, Tennessee, Utah, Vermont, West Virginia and Wisconsin, between June 1, 2012, and Dec. 31, 2017.

• Generic Defendants Class: All persons or entities who indirectly purchased or paid for some or all of the purchase price of branded Namenda IR 5 or 10 mg tablets, AB-rated generic equivalents and/or Namenda XR since April 14, 2010.

Potential Award

Varies

Proof of Purchase

If possible, provide documentation of at least one purchase of brand Namenda IR 5 or 10 mg tablets and/or brand Namenda XR capsules.

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

02/03/2023

Case Name

In re: Namenda Indirect Purchaser Antitrust Litigation, Case No. 1:15‐6549‐CM, in the U.S. District Court for the Southern District of New York

Final Hearing

03/23/2023

Settlement Website

InReNamendaIndirectAntiTrustLitigation.com

Claims Administrator

In re Namenda Indirect Purchaser Antitrust Litigation
c/o A.B. Data Ltd.
P.O. Box 173021
Milwaukee, WI 53217
info@inrenamendaindirectantitrustlitigation.com
877-266-8807

Class Counsel

Marvin A Miller
Lori A Fanning
MILLER LAW LLC

Peter Safirstein
SAFIRSTEIN METCALF LLP

Defense Counsel

James F Hurst
KIRKLAND & ELLIS LLC

John Roberti
COHEN & GRESSER LLP