EpiPenClassAction.com

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Your rights may be affected by a class action lawsuit regarding the price paid for branded or authorized generic EpiPen® or EpiPen Jr® (collectively, “EpiPen”) products. The case name is In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, and the civil action number is 2:17‐md‐02785‐DDC‐TJJ. This lawsuit asserts that Defendants violated certain state antitrust and federal racketeering laws in the United States, harming competition and causing class members to overpay for EpiPen products. Defendants deny that they violated any laws and contend that their actions enhanced competition and did not cause class members to overpay.

The Court has not decided whether Defendants did anything wrong. There is no money available now, and no guarantee there will be. For additional details and answers to frequently asked questions, please read the Long-Form Notice.

Who is Included?

On February 27, 2020, the United States District Court for the District of Kansas certified the following two Classes in this lawsuit (the “Class”):

• Nationwide RICO Damages Class (“RICO Class”): 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;

• State Antitrust Damages Class (“State Antitrust Class”): 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.
  • The following are NOT members of the Class:
  • Defendants and their officers, directors, management, employees, subsidiaries, and affiliates;
  • 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 authorized 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 persons or entities who purchased branded or authorized generic EpiPens directly from Mylan;
  • The judges in this case and members of their immediate families;
  • All third-party payors who own or otherwise function as a Pharmacy Benefit Manager or control an entity that functions as a Pharmacy Benefit Manager; and
  • Individual consumers whose only purchases of an EpiPen occurred before March 13, 2014.


Your Rights and Options

DO NOTHING

If you do nothing, you are choosing to stay in the Class and you will be able to share in any money or benefits that may be recovered in this case. You will be bound by all orders and judgments of the Court, including any judgment in Defendants’ favor, and you will give up your right to sue the Defendants as part of any other lawsuit for the claims made in this case.


EXCLUDE YOURSELF FROM THE CLASS

If you exclude yourself from the Class (i.e., opt out), you will not be entitled to money or benefits if they are awarded or recovered. You will not be bound by any orders and judgments of the Court and you will not give up your right to sue Defendants as part of any other lawsuit for the claims made in this case. The deadline to exclude yourself from the Class is January 15, 2021. Specific instructions on how to request exclusion are available here.


More Information

This website contains a summary of relevant Court papers. For answers to frequently asked questions, please read the Long-Form Notice. You can also review relevant Decisions and Orders and additional information about this action by accessing the "Court Documents" page of this website. Complete copies of all public pleadings, Court rulings, and other filings are available for review by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.ksd.uscourts.gov, or visiting the office of the Clerk of the Court for the United States District Court for the District of Kansas, 500 State Avenue, Kansas City, KS 66101, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.