AMERICAN HEALTH CARE ASSOCIATION & CLASS ACTION CAPITAL PARTNERSHIP PORTAL
Many healthcare companies do not have the time, resources, or relevant data available in order to file a settlement claim and Class Action Capital will work with you in order to submit a fully comprehensive claim recovery, while minimizing the use of your time, internal resources, and the risk of mistake if you were to take on claims management on your own.
EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices, and Antitrust Litigation (Round II) $264,000,000
This $264 million settlement resolves allegations that Pfizer engaged in anticompetitive practices with generic manufacturer Mylan to drive up the process of EpiPen two-packs. The court certified two classes that collectively encompass all persons or entities who paid or provided reimbursement for some or all of the purchase price of branded or authorized generic EpiPens between August 24, 2011 and November 1, 2020. The filing deadline is July 25, 2022.
Blue Cross Blue Shield MDL – Providers (Blue Cross Blue Shield Antitrust Litigation, Case No. 2:13-cv-20000)
There is ongoing litigation against Blue Cross Blue Shield for Provider Plaintiffs (which includes health systems, hospitals, surgery centers and other healthcare providers) that allege the various Blue Cross Blue Shield entities across the United States and Puerto Rico reached explicit agreement to divide the United States into “service areas” and then allocate those markets amongst themselves, free of internal competition.
The BCBS Providers complaint alleges a “monopsony.” The idea is that because the Blues can’t participate in more than one area, there is a lack of buyers, so each single Blue controls the price.
Defendants achieved the Price Fixing & Boycott Conspiracy by agreeing that all defendants would participate in the national programs including the Blue Card and National Accounts Program which determines the price and payment policies to be utilized when a patient insured by a Blue or included in an employee benefit plan administered by a Defendant receives healthcare services within the service area of another Blue.
While the provider litigation is still ongoing, it is a potential future settlement that hospitals and other providers who contract with BCBS should be aware of as this case may present a substantial (billions of dollars) recovery opportunity.
Generic Pharmaceutical Pricing Antitrust Litigation
The lawsuit claims that generic drug manufacturers violated antitrust laws, harming competition and causing settlement class members to overpay for over 150 Named Generic Drugs between May 1, 2009 through December 31, 2019.
The defendant list includes 58 of the country’s major generic drug manufacturers; the settling defendants deny liability as alleged in the lawsuit and the court has not decided who is right or wrong.
Currently, Sun Pharmaceutical Industries and Taro Pharmaceuticals USA have settled for a combined total of $85 million but it is Class Action Capital’s opinion that this could be among the largest settlements in US history.
There are three potential classes your organization may qualify for depending on how your organization purchases these products and for what purpose: Direct, Indirect and End Payor.