Important Notice: The claims process for the Generic Pharmaceuticals Pricing Antitrust Litigation settlements has not yet begun. Businesses may participate directly in the settlement claims process without hiring a third party. Biz Head Law is not affiliated with the court, class counsel or claims administrator. Read more here.
Have You Overpaid For Generic Drugs?
A major federal antitrust case alleges that certain generic drug manufacturers coordinated pricing and market behavior, which may have caused Third-Party Payers (TPPs) to overpay for generic prescription drugs.
If your organization purchased, paid for or reimbursed generic prescription drugs in the US between May 1, 2009 and December 31, 2019, you may be able to participate in one or more court approved settlements (if eligible).
What's This Case About?
These claims arise from In re Generic Pharmaceuticals Pricing Antitrust Litigation, a nationwide multidistrict litigation that consolidates numerous related class actions filed across the country.
The lawsuits allege that multiple generic drug manufacturers engaged in unlawful conduct, such as price-fixing, bid-rigging, and market allocation, that reduced competition and inflated prices for certain generic medications. According to the complaints, this conduct caused Third-Party Payers and other end-payers to pay more than they should have for generic drugs.
The multi-district litigation involves private civil claims relating to alleged generic drug pricing practices that were also the subject of separate federal and multi-state investigations.
This page is designed for Third Party Payers; organizations that pay for or reimburse prescription drug claims, including:
- Self insured employers
- Health plans and insurers
- Union or multi employer benefit funds
- Municipal or governmental entities with self funded prescription drug plans
While individual consumers may also be class members in the underlying litigation, this page focuses on organizations and plans responsible for paying or reimbursing prescription drug costs, and is intended to help them understand their potential rights and available options.
Who Is This Page For?
Current Settlements & Ongoing Litigation
Proposed settlements have been reached with several manufacturers, including:
Sandoz
$275 million
Sun & Taro
$200 million
Apotex & Heritage
$58 million
These settlements involve numerous named generic drugs, with the specific products and qualifying purchase periods varying by settlement and defined in the applicable settlement notice. Settlement funds will be distributed only after final Court approval and according to Court approved allocation plans. Ongoing litigation: The Court has certified Third-Party Payer classes in two bellwether cases involving Clobetasol and Clomipramine. These are moving toward trial and do not yet have an open claims process.
Am I Likely To Be Included?
In general, an organization may be included as a settlement class member if it is a Third-Party Payer that indirectly purchased, paid for, and/or reimbursed one or more covered generic drugs:
- For use by its members, employees, or beneficiaries
- Other than for resale
- During the applicable class period
- In the United States (excluding Indiana and Ohio) and certain U.S. territories
Each settlement has its own class definitions, covered drugs, and exclusions. Fully insured plans are typically excluded for the portion of claims paid by the insurer, while self funded and Administrative Services Only (ASO) arrangements are generally eligible for the portion they paid.
For official updates regarding the litigation and settlements, including full class definitions are available here:
How Biz Head Law Can Help
We provide claims-assistance and recovery support eligible Third-Party Payers navigating complex pharmaceutical antitrust settlements. We can:
- Review pharmacy claims or utilization data to identify potentially eligible purchases
- Prepare and submit claims in accordance with Court approved requirements
- Communicate with Court-appointed claims administrators
- Respond to deficiency notices or follow-up requests
- Monitor claim status and distribution timelines
- Keep your team updated throughout the process
FAQs
When will I know if my plan is eligible?
Eligibility is determined by the Court appointed claims administrator, not by Sanguine Law. Decisions are based on submitted data, proof of payment or reimbursement, class definitions, exclusions, and the Court-approved allocation rules.
What documentation is typically required?
Documentation often includes pharmacy claims or prescription-drug utilization data (such as NDCs, dates, quantities, and amounts paid), reimbursement summaries, and information about how your plan was funded.
We can assist with identifying, gathering, and formatting the required materials to help streamline the process.
When will payments be made?
Payments occur only after final Court approval of each settlement and the resolution of any appeals. Claims processing and distribution can take several months after approval.
How much could my plan receive?
Any recovery is calculated using Court-approved, pro rata allocation formulas. No one—including Biz Head Law—can estimate potential recovery amounts until all claims have been submitted and the Court has finalized the applicable allocation plans.
Do we need to opt out?
Most Third Party Payers do not opt out. Opting out generally means giving up settlement payments and pursuing separate, independent litigation. Opt-out deadlines vary by settlement.
Does it cost anything to find out if we qualify?
No. An initial eligibility review is offered at no upfront cost. If you choose to engage Biz Head Law for claims-assistance services, any fee is contingent on recovery.
Important Disclosures
Attorney Advertising & No Legal Advice
The information provided on this website constitutes attorney advertising and is for general informational purposes only. It should not be relied upon as legal advice. You should always consult with a qualified attorney regarding your specific situation before taking any action.
Participation in Class Action
Providing your information through this website does not create an attorney-client relationship with Biz Head Law. An attorney-client relationship is only formed once a formal agreement is signed.
Your Confidentiality Matters
While no relationship is formed until you formally engage our firm, we treat all submissions with care and take reasonable steps to safeguard your information.
