Pharmaceutical Benefit Plan Settlements

Over $144 Million via Pharmaceutical Benefit Plan Settlements, separate from the Generic Pharmaceuticals Pricing Antitrust Litigation.

Overview

There are typically several active lawsuits and/or class action settlements that fall into the category of pharmaceutical benefit plan settlements. These matters generally seek recovery for businesses with self-insured health plans that paid for prescription drugs on behalf of their members or employees.

While many cases involve allegations that drug manufacturers engaged in anti-competitive conduct that artificially inflated or stabilized drug prices, others involve economic loss claims, where plaintiffs allege they paid for drugs that were allegedly adulterated, contaminated, misrepresented, or otherwise worth less than represented.

The number and type of these opportunities varies from year to year, but multiple pharmaceutical class action settlements are often active simultaneously, providing health plans with recurring recovery opportunities.

Pending Settlement(s):

QVAR Redihaler Settlement

Date Range: January 1, 2015 – July 31, 2025

Settlement Fund: $35 million

Filing Deadline: July 31, 2026

Settlement Overview: This settlement resolves allegations that Teva unlawfully delayed the entry of generic versions of QVAR and QVAR Redihaler inhalers—prescription medications used for the long-term treatment of asthma. As a result, consumers and third-party payors allegedly paid higher prices than they would have in a competitive market.

As part of the settlement, Teva has agreed to remove certain patents from the FDA’s Orange Book, reducing barriers to generic competition going forward.

Eligible Locations: To be a member of the Settlement Class, you must be a person or entity that, for consumption by themselves, their families, or their members, insured, or beneficiaries, purchased, paid, and/or provided reimbursement for some or all of the purchase price of QVAR and/or QVAR Redihaler, other than for resale, in the Class States, at any time from January 1, 2015 through July 31, 2025.

The class does not include Federal and state governmental entities.

Class States and Territories:

Alaska, Arkansas, Arizona, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.

Tracleer Settlement

Date Range: December 2015 - September 2024

Settlement Fund: $65 million

Filing Deadline: August 3, 2026

Settlement Overview: This settlement resolves claims that the Defendants improperly delayed the introduction of lower-cost generic alternatives to Tracleer—a brand-name medication used to treat pulmonary arterial hypertension (PAH), a serious condition characterized by high blood pressure in the lungs. The alleged conduct kept prices artificially high, causing Class Members (defined below) to pay more than they otherwise would have for Tracleer and/or its generic equivalent, bosentan.

Eligible Locations: To be a member of the Settlement Class, you must have purchased, paid, and/or provided reimbursement for some or all of the purchase price of Tracleer or bosentan, other than for resale, in the Class States, for consumption by your members, employees, insureds, participants or beneficiaries, at any time from December 29, 2015, through September 6, 2024. The class does not include Federal and state governmental entities, except for cities, towns or municipalities with self-funded prescription drug plans.

Class States and territories: Arizona, California, Florida, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, West Virginia, Wisconsin, the District of Columbia and Puerto Rico.

Eligible Drugs: Tracleer and bosentan

Chantix Settlement

Date Range: September 2015-September 2021

Settlement Fund: $44 million

Filing Deadline: September 14, 2026

Settlement Overview: This settlement resolves allegations that Pfizer Inc. manufactured and sold its branded smoking cessation drug, Chantix (varenicline), which Plaintiffs alleged contained undisclosed nitrosamine impurities. Nitrosamines are chemical compounds that may increase cancer risk with long-term exposure. The litigation alleges that third-party payors and other purchasers paid for a product that was allegedly contaminated and economically worth less than represented.

Settlement Class & Eligible Drugs:  Individuals and third-party payors in the United States and its territories who paid any amount for retail purchases of Chantix (varenicline), either directly or through reimbursement, during the period September 29, 2015 through September 17, 2021.

Exclusions:  Pfizer, Inc. and its officers, directors, employees, subsidiaries, and affiliates; government agencies or governmental actors (including state Attorneys General); and any entity that previously opted out of the Settlement Class.

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 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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