March 1, 2022 – Plaintiffs in In re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL No. 2785, have reached a $264 million settlement with the Mylan Defendants to resolve class claims that Mylan, together with the Pfizer Defendants, engaged in anticompetitive behavior that resulted in huge increases in the price of auto-injectable EpiPen devices, which are used to treat life-threatening allergic reactions. Judge Daniel D. Crabtree will hold a hearing on March 11, 2022, to decide whether to preliminarily approve the settlement.
If the settlement is preliminarily approved, eligible class members who purchased a name brand or authorized generic EpiPen device between August 24, 2011, and November 1, 2020 as well as third-party payors will be notified. Plaintiffs previously reached a $345 million settlement with the Pfizer Defendants, to which Judge Crabtree granted final approval on November 17, 2021. Class members who submitted a claim pursuant to the Pfizer settlement will be automatically eligible to receive a payment from the Mylan settlement without the need to file an additional claim form. If the Mylan settlement is approved, the total recovery for the class will be $609 million.
The litigation is proceeding in the United States District Court for the District of Kansas. Pritzker Levine partner Elizabeth C. Pritzker serves as Co-Lead Class Counsel in the case.
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