Truvada, Atripla HIV drugs direct purchasers $246.75M class action settlement

Gilead Sciences has agreed to a $246.75 million nationwide class action lawsuit settlement after accusations that it made direct purchasers of HIV medicine such as Truvada, Atripa and their generic equivalents pay too much for the drugs.

The class is made up of entities that purchased Truvada, Atripla or their generic equivalents directly from a brand or generic manufacturer between Feb. 1, 2018, and Sept. 27, 2022. Direct purchasers are generally wholesale retailers.

The class action lawsuit settlement comes after Gilead was sued for allegedly violating federal antitrust laws by restraining competition for antiretroviral drugs, such as Atripla and Truvada, that are used to treat HIV. The Bristol-Meyers Squibb Co. previously settled its portion of the lawsuit from KPH Healthcare Services.

The lawsuit is intended to bring relief to wholesale drug retailers, who had to push the allegedly inflated costs for the HIV drugs on to consumers. The lawsuit alleged that Gilead conspired to delay the manufacturing of generic competition for its HIV drugs and then charged prices that were higher than competitive.

Gilead is a biopharmaceutical company known for not only its HIV medicine but also hepatitis, flu and COVID-19 drugs. The settlement class includes wholesale drug retailers that raise their prices, along with manufacturer prices rising.

Direct purchasers can take part in the Truvada and Atripla lawsuit settlement by submitting a form by the claim deadline. If too many direct purchasers in the proposed class opt out, the $246.75 million settlement fund could be reduced, the settlement filing states.

The deadline to object to the settlement is Dec. 28, 2023.

A final fairness hearing in the Truvada and Atripla class action lawsuit settlement will take place Jan. 18, 2024. 

The deadline for claims in the Truvada and Atripla class action lawsuit settlement is Jan. 1, 2024.

Who’s Eligible

Entities that purchased Truvada, Atripla or their generic equivalents directly from a brand or generic manufacturer between Feb. 1, 2018, and Sept. 27, 2022.

Potential Award

TBD

Proof of Purchase

Direct purchasers will need to confirm purchase information on the settlement form and can request corrections.

Join an Investigation

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

01/01/2024

Case Name

KPH Healthcare Services Inc. a/k/a Kinney Drugs Inc. v. Gilead Sciences Inc., et al., Case No.  3:20-cv-06961-EMC in the U.S. District Court for the Northern District of California, San Francisco Division

Final Hearing

01/18/2024

Settlement Website

HIVDirectPurchaserClass.com

Claims Administrator

KCC Class Action Services LLC
222 N. Pacific Coast Highway
Suite 300
El Segundo, CA 90245
KCCEmailReception@kcclcc.com
310-823-9000

Class Counsel

Francis O Scarpulla
Patrick B Clayton
LAW OFFICES OF FRANCIS O SCARPULLA

Dianne M Nast 
Michele S Burkholder 
NASTLAW LLC

Michael L Roberts
Erich Schork
ROBERTS LAW FIRM US PC

Defense Counsel

Deborah H Telman 
Executive VP Corporate Affairs and General Counsel 
Gilead Sciences, Inc