Fine, Kaplan and Black, R.P.C. Announce Class Action Settlements on Behalf of Those Who Paid and/or Reimbursed for Certain Prescription GENERIC Drugs in the United States between May 1, 2009 and December 31, 2019

PHILADELPHIA, May 19, 2025 /PRNewswire/ -- 

LEGAL NOTICE

If You Paid or Reimbursed for Certain
PRESCRIPTION GENERIC DRUGS in the United
States between May 1, 2009 and December 31, 2019,
You Could Get a Payment from two
Class Action Settlements.

A federal court authorized this Notice. This is not a solicitation from a lawyer.

1-877-316-0171
www.GenericDrugsEndPayerSettlement.com 

Your legal rights might be affected by two proposed Settlements, totaling $58 million, in a class action lawsuit (In re Generic Pharmaceuticals Antitrust Litigation, No. 16-MD-2724) pending in the United States District Court for the Eastern District of Pennsylvania. The lawsuit  claims that Heritage Pharmaceuticals Inc. and Apotex Corp. (the "Settling Defendants") and other generic manufacturers (the "Non-Settling Defendants") violated federal and state antitrust laws, consumer protection statutes, and common law, causing End-Payers – including Third Party Payers ("TPPs") (e.g., entities such as insurers or employers with self-funded prescription drug plans) – to pay more than they should have for certain generic drugs ("Named Generic Drugs"). The Settling Defendants deny that they are liable to End-Payers. The Court has not decided who is right. The lawsuit remains ongoing against the Non-Settling Defendants.

Am I a Settlement Class Member? This lawsuit was brought by End-Payers for Named Generic Drugs ("EPPs"), and the court has preliminarily certified a separate Settlement Class for each Settlement: (1) the EPP Heritage Settlement Class consists of TPPs; and (2) the EPP Apotex Settlement Class consists of TPPs and consumers. You may be a member of one or both Settlement Classes if you are a TPP that indirectly purchased, paid for, and/or provided reimbursement for some or all of the purchase price for one or more of the Named Generic Drugs, for personal use by your members, and other than for resale, in the United States (except Indiana and Ohio) and in some United States territories, at any time during the period from May 1, 2009 through December 31, 2019. Certain kinds of entities are excluded from the Settlement Classes. A more detailed notice that includes the full class descriptions and who is or is not included; the list of Named Generic Drugs; the complete list of Defendants; and the Settlement Agreements are available at www.GenericDrugsEndPayerSettlement.com  (the "EPP Settlement Website").

What do the Settlements provide? Heritage, Emcure Pharmaceuticals, Ltd., and Satish Mehta agreed to pay $10 million in the proposed EPP Heritage Settlement, and Apotex agreed to pay $48 million in the proposed EPP Apotex Settlement, for the benefit of TPPs. (Additional funds benefiting consumers will be administered separately. For information on the consumer settlements, see AGGenericDrugs.com.) The EPP Apotex settlement fund may be reduced under certain circumstances, as explained in the Apotex Settlement Agreement. The settlement funds will be used to pay eligible TPP Settlement Class Members, following deductions for the costs of settlement notice and administration (up to $750,000); and, subject to Court approval, deductions for attorneys' fees of up to one third of the funds plus interest, and litigation expenses incurred since January 2025, plus an additional amount for future expenses in further litigation against the remaining Defendants (not to exceed $5,000,000 for past and future expenses). Settlement Class Counsel will post their request for fees and expenses on the EPP Settlement Website. The Settling Defendants also agreed to cooperate with EPPs in providing information related to EPPs' litigation against the Non-Settling Defendants.

How do I get a payment? Money will be distributed if and after the Court approves the Settlements. The amounts and the timing of payments will be based on a Plan of Allocation that must be approved by the Court. EPPs' proposed Plan of Allocation is posted on the EPP Settlement Website. The claims process will open at a later date. To receive settlement-related updates, including when claim forms are available, you should register on the EPP Settlement Website or call the toll-free number below.

If I am a Settlement Class Member, what are my options? If you do nothing, you will remain a Settlement Class Member, be eligible to participate in the Settlements, be legally bound by the Court's rulings on the Settlements and the claims against the Settling Defendants, and you will not be able to pursue your claims against them. If you do not want to be legally bound by one or both of the Settlements, or if you want to keep your right to sue any of the Settling Defendants yourself, you must exclude yourself. If you elect to remain in a Settlement Class but object to some or all of a Settlement, the proposed Plan of Allocation, or the request for attorneys' fees and expenses, you may object. Details on how to request exclusion or object are on the EPP Settlement Website. Any exclusion requests or objections must be submitted by Thursday, July 24, 2025.  The Court will hold a Fairness Hearing on October 3, 2025, at 11:00 a.m. to decide whether to approve the Settlements, the Plan of Allocation, and any request for attorneys' fees or expenses. If you wish to appear at the hearing, you must file a "Notice of Intention to Appear" with the Court and you may (but are not required to) hire your own attorney to appear in court for you at your own expense. The Court may change deadlines or the date and time of the hearing. Check the EPP Settlement Website for updates.

For more information call 1-877-316-0171 or visit www.GenericDrugsEndPayerLawsuits.com

SOURCE Fine, Kaplan, and Black, R.P.C.