APS AND CLASS ACTION CAPITAL PARTNERSHIP PORTAL

APS has partnered with Class Action Capital, a market leader in class action settlement claim management. Class Action Capital is already successfully working with a very large number of hospitals, healthcare facilities, and state hospital associations across the country helping to recover meaningful refunds on their behalf from a number of recent class action settlements.

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.

HEALTHCARE SETTLEMENTS

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.

 

NON-HEALTHCARE SETTLEMENTS

Payment Card Antitrust Litigation $5.54 Billion 

This settlement resolves allegations that VISA, MasterCard and their issuing banks violated the law by charging excessive interchange fees to merchants.  The settlement received final approval on December 13, 2019 and the settlement fund is approximately $5.54 billion.  Your organization is likely eligible for a refund if you accepted VISA or MasterCard branded credit or debit cards as a form of payment between January 1, 2004 – January 25, 2019.

While claim forms are not available yet and potential claimants do not need to sign up with a third-party service in order to participate in any monetary relief, the difficulty may be understanding what information will be provided by the defendants, how that applies to your organization, as well as what additional information can be provided to the court administrator to ensure a complete claim.

No-cost assistance will be available from the court administrator and class counsel during the claim filing period. If the Court grants the settlement final approval and any appeals are resolved, the Court will approve a claim process and establish a claim deadline. Updates about the settlement can be found on the official court authorized settlement website at: https://www.paymentcardsettlement.com

TO SIGN UP FOR CLASS ACTION CAPITAL’S CLAIM MANAGEMENT

PLEASE COMPLETE THE BELOW AGREEMENTS

Combined Healthcare

Settlements

Payment Card Interchange

Fee Settlement