EpiPen Settlement

Settlement: In re: EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices, and Antitrust Litigation

Settlement Fund: $345,000,000.00

Case Synopsis: The case alleges that the Pfizer Defendants violated certain state antitrust and federal racketeering laws in the United States, harming competition and causing Class Members to overpay for EpiPen products. The Pfizer Defendants deny that they violated any laws and contend that their actions enhanced competition and did not cause Class Members to overpay.

Eligibility Requirements: All persons and entities in the United States who paid or provided reimbursement for some or all of the purchase price of Branded or authorized generic EpiPens for the purpose of consumption, and not resale, by themselves, their family member(s), insureds, plan participants, employees, or beneficiaries, at any time between August 24, 2011, and November 1, 2020; and

All persons and entities in the Antitrust States who paid or provided reimbursement for some or all of the purchase price of Branded EpiPens at any time between January 28, 2013, and November 1, 2020, for the purpose of consumption, and not resale, by themselves, their family member(s), insureds, plan participants, employees, or beneficiaries.

The “Antitrust States” are: Alabama, California, Florida, Hawaii, Illinois, Kansas, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New York, North Carolina, Tennessee, and Utah.

Notable Exclusions: Government entities (other than government funded employee benefit plans); Fully insured health plans (i.e., plans that purchased insurance that covered 100% of the plan’s reimbursement obligations to its members); “Single flat co-pay” consumers who purchased EpiPens or generic EpiPens only via a fixed dollar co-payment; that is the same for all covered devices, whether branded or generic (e.g., $20 for all branded and generic devices); Consumers who purchased or received EpiPens or authorized generic equivalents only through a Medicaid program; All third-party payors who own or otherwise function as a Pharmacy Benefit Manager or control an entity who functions as a Pharmacy Benefit Manager.