Pharmaceutical Benefit Plan Settlements

Updated: Oct 22

$345 Million available via EpiPen Class Action Settlement

Overview

There are typically several active lawsuits and/or class action settlements that fall into the category of “pharmaceutical benefit plan settlements.” Under these cases, it is generally alleged that businesses with self-insured health plans overpaid for drugs purchased on behalf of their employees due to artificially inflated and/or stabilized prices.

The prices were allegedly manipulated as a result of anti-competitive practices undertaken by the drug manufacturers. The number of these opportunities in any given year varies, but there can be several available at the same time.


Immediately Available Settlement(s):


Settlement Name: EpiPen (Branded & Generic) Antitrust Litigation

Product(s): Branded EpiPens/Authorized Generic EpiPens

Date Range: Aug. 2011 - Nov. 2020

Settlement Fund: $345 Million ($276M for Benefit Plans)

Filing Deadline: 11/12/2021


Settlement Overview: Under this settlement, it is alleged that defendants violated federal antitrust laws as well as the federal Racketeer Influenced and Corrupt Organizations (“RICO”) Act, causing both consumers and businesses with self-insured health plans to pay supracompetitive prices for the branded EpiPen (a spring-loaded injector that delivers a pre-measured and pre-loaded amount of epinephrine for emergency treatment of anaphylaxis) and authorized generic EpiPens.


Eligible Locations: All organizations located within the United States.

Settlement Name: Valeant Third-Party Payor Settlement

Product(s): See below for select Valeant-branded drugs

Date Range: Aug. 2013 - Nov. 2015

Settlement Fund: $23.125 Million (for Benefit Plans)

Filing Deadline: 1/6/2022


Settlement Overview: This settlement resolves allegations that Defendants fraudulently conspired to dispense Valeant’s branded medications through its secret pharmacy network Philidor, which violated the RICO Act in addition to inflating reimbursements third-party payors owed for the drugs.


Eligible Locations: To be a member of the Settlement Class, you must have paid or incurred costs for a Valeant-branded drug that was purchased from or fulfilled by Philidor or a pharmacy in which Philidor had a direct or indirect ownership interest (a “Philidor Network Pharmacy”). The list of Philidor Network Pharmacies is:

  • Cambria Pharmacy, D&A Pharmacy, Heritage Compounding Pharmacy, Orbit Pharmacy, Parkwest Pharmacy, Philidor Rx Services LLC, Prescription Shoppe, R&O Pharmacy, Safe Rx Pharmacy, West Wilshire Pharmacy

Eligible drugs:

  • Addyi, Aldara, Atralin, Carac, Cuprimine, Edecrin, Glumetza, Jublia, Lodosyn, Loprox, Luzu, Mephyton, Migranal Nasal Spray (dihydroergotamine mesylate), Noritate, Retin-A Micro, Solodyn, Syprine, Targretin, Tretinoin, Vanos, Wellbutrin, Xerese, Ziana.

Recommended Next Steps Data is often required to complete your claim for settlements in this category. Connect us with a member of your Benefits Department so an MCAG representative can describe the information that is necessary to complete your claim for these pharmaceutical settlements. We typically only need a 5 to 10 minute call. We will quickly review the process so we can efficiently obtain necessary information from your Pharmacy Benefit Manager (i.e. CVS Caremark, Express Scripts, OptumRX) to pursue current and future pharmaceutical settlements.

Eligible contracted clients can expect to be contacted by an MCAG representative to review and assist with gathering all of the necessary information for these settlements.


MCAG is not the Settlement/Class Administrator, and this is not an official settlement website.


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