Mylan agreed to pay $264 million as part of a class action settlement to resolve claims it worked with Pfizer and other companies to raise the cost of the EpiPen, a treatment for life-threatening allergic reactions. As a result, the cost of a two-pack of EpiPens went from $90.28 to $608.62.
The settlement benefits individuals and entities who paid for or provided reimbursement for branded EpiPens or generic equivalents between August 24, 2011, and November 1, 2020.
According to Plaintiffs in a 2017 class-action lawsuit, Mylan may have worked with Pfizer to raise the price of life-saving EpiPen products artificially. As a result, Mylan knowingly violated antitrust and racketeering laws through their scheme, causing Class Members to overpay for their products.
Mylan denied that it violated but agreed to create a $264,000,000 settlement fund.
Class Members to overpay for:
• EpiPen® (epinephrine injection, USP) 0.3 mg Auto-Injectors;
• EpiPen Jr® (epinephrine injection, USP) 0.15 mg Auto-Injectors; or
• USP Auto-Injectors (the authorized generic for EpiPen®) (collectively, “EpiPen” products).
The Court has certified the following Class:
All persons and entities 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 member(s), insureds, plan participants, employees, or beneficiaries, at any time between August 24, 2011, and November 1, 2020; and
All persons and entities in the Antitrust States who paid or provided reimbursement for some or all of the purchase price of Branded EpiPens at any time between January 28, 2013, and November 1, 2020, for the purpose of consumption, and not resale, by themselves, their family member(s), insureds, plan participants, employees, or beneficiaries.
The “Antitrust States” are: Alabama, California, Florida, Hawaii, Illinois, Kansas, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New York, North Carolina, Tennessee, and Utah.
To qualify for a settlement payment, you must either:
(1) Have already submitted a proof of claim form (“proof of claim”) in the settlement with the Pfizer defendants in this case in 2021, or
(2) Timely submit a proof of claim that is postmarked or submitted online on or before July 25, 2022. Proof may be asked later in the claims process if the class administrator decides to do so.
Claim Form Website: EpiPenClassAction.com
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