Pharmaceutical Benefit Plan Settlements

$82 Million pending 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.” 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.

Pending Settlement(s):

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

Sartan Settlement

Date Range: January 2016-present

Settlement Fund: $17.1 million

Filing Deadline: June 2, 2026

Settlement Overview: Settlements have been reached with Hetero, Aurobindo, and Vivimed, resolving economic loss claims related to alleged contamination of certain blood pressure medications with probable human carcinogens.

Settlement Class & Eligible Drugs: Individuals and third-party payors in the U.S., its territories, and possessions who paid for the following drug formulations (other than for resale):

• Valsartan: Finished formulations containing Hetero Process III API, sold May 1 – July 31, 2018

• Irbesartan: Finished formulations manufactured using Aurobindo IC Route, purchased Jan 1, 2016 – present

• Losartan (Vivimed): Finished formulations with impacted NDCs: 23155-644-09, 23155-644-10, 23155-645-03, 23155-645-09, 23155-645-10, 23155-646-03, 23155-646-09, 23155-646-10

Exclusions: All federal and state governmental entities, except cities, towns, municipalities, or counties with self-funded prescription drug plans.

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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