The information contained on this web page is only a summary of information presented in more detail in the Notice of Settlement and Certified Class Action. Since this website is just a summary, you should review the Notice for additional information.
A class action lawsuit is pending in the United States District Court for the Northern
District of California (the “Court”). Plaintiffs in the lawsuit asserting class action
claims allege that Defendants Jazz Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland
Limited, Jazz Pharmaceuticals Public Limited Company, Hikma Pharmaceuticals plc, Hikma
Pharmaceuticals USA Inc., Hikma Labs, Inc., Eurohealth (USA), Inc., Amneal Pharmaceuticals
LLC, Par Pharmaceuticals, Inc., Lupin Ltd., Lupin Pharmaceuticals Inc., and Lupin Inc.
(the “Defendants”) harmed competition and violated certain federal and state antitrust
and consumer protection laws. Plaintiffs allege that Defendants unlawfully delayed the
availability of allegedly less-expensive generic versions of Xyrem and that Defendants’
alleged conduct caused the Damages Class Members (defined below) and Injunctive Relief
Class Members (defined below) to pay more than they otherwise would have for Xyrem, and
Settlement Class Members (defined below) to pay more than they otherwise would have for
Xyrem and/or Xywav. Defendants deny any wrongdoing.
If you are a member of any of the Classes, your rights will be affected unless you timely request to be excluded.
The Classes consist of:
If you are a member of any of the Classes, your rights will be affected unless you timely request to be excluded.
The Classes consist of:
The Amneal/Lupin Settlement Class
[A]ll persons and entities in the United States that, for consumption by themselves, their families,
their members, employees, insureds, participants, or beneficiaries, and other than for resale, paid
and/or provided reimbursement for some or all of the purchase price for Xyrem and/or Xywav during the
time from January 1, 2015, through February 28, 2023 (“Settlement Class”).
Excluded from the Settlement Class are (1) Defendants and their counsel, officers, directors, management, employees, parents, subsidiaries, and affiliates; (2) Express Scripts Specialty Distribution Services, Inc . and any of its counsel, officers, directors, management, employees, parents, subsidiaries, and affiliates; (3) federal and state governmental entities, not including cities, towns, municipalities, counties or carriers for Federal Employee Health Benefit plans; (4) any “single flat co-pay” consumers whose benefit plan requires a copayment that does not vary based on the drug’s status as a brand or generic; and (5) all judges assigned to this case and any members of their immediate families.
Excluded from the Settlement Class are (1) Defendants and their counsel, officers, directors, management, employees, parents, subsidiaries, and affiliates; (2) Express Scripts Specialty Distribution Services, Inc . and any of its counsel, officers, directors, management, employees, parents, subsidiaries, and affiliates; (3) federal and state governmental entities, not including cities, towns, municipalities, counties or carriers for Federal Employee Health Benefit plans; (4) any “single flat co-pay” consumers whose benefit plan requires a copayment that does not vary based on the drug’s status as a brand or generic; and (5) all judges assigned to this case and any members of their immediate families.
Certified Health Benefit Plan Payor Damages Class
All entities in Arizona, California, Connecticut, District of Columbia, Florida, Hawaii, Iowa,
Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada,
New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Puerto Rico, Rhode
Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin that, for consumption
by their members, employees, insureds, participants, or beneficiaries, and other than for resale,
paid and/or provided reimbursement for some or all of the purchase price for Xyrem during the time
from January 17, 2017, through and until May 12, 2023 (“Damages Class”).
Excluded from the Damages Class are: (1) Defendants and their counsel, parents, subsidiaries, and affiliates; (2) Express Scripts Specialty Distribution Services, Inc. and any of its counsel, parents, subsidiaries, and affiliates; and (3) federal and state governmental entities. This exclusion does not include cities, towns, municipalities, or counties or carriers for Federal Employee Health Benefit plans.
Excluded from the Damages Class are: (1) Defendants and their counsel, parents, subsidiaries, and affiliates; (2) Express Scripts Specialty Distribution Services, Inc. and any of its counsel, parents, subsidiaries, and affiliates; and (3) federal and state governmental entities. This exclusion does not include cities, towns, municipalities, or counties or carriers for Federal Employee Health Benefit plans.
Certified Health Benefit Plan Payor and Consumer Injunctive Relief Class
All individuals and entities in the United States and its territories that, for consumption by themselves,
their families, or their members, employees, insureds, participants, or beneficiaries purchased, other than
for resale, paid and/or provided reimbursement for some or all of the purchase price for Xyrem during the
time period from January 17, 2017, through and until May 12, 2023 (“Injunctive Relief Class”).
Excluded from the Injunctive Relief Class are: (1) Defendants and their counsel, parents, subsidiaries, and affiliates; (2) Express Scripts Specialty Distribution Services, Inc. and any of its counsel, parents, subsidiaries, and affiliates; and (3) federal and state governmental entities. This exclusion does not include cities, towns, municipalities, or counties or carriers for Federal Employee Health Benefit plans; (4) any “single-flat co-pay” consumer whose benefit plan requires a co-payment that does not vary based on the drug’s status as a brand or generic; and (5) all judges assigned to this case and any members of their immediate families.
Excluded from the Injunctive Relief Class are: (1) Defendants and their counsel, parents, subsidiaries, and affiliates; (2) Express Scripts Specialty Distribution Services, Inc. and any of its counsel, parents, subsidiaries, and affiliates; and (3) federal and state governmental entities. This exclusion does not include cities, towns, municipalities, or counties or carriers for Federal Employee Health Benefit plans; (4) any “single-flat co-pay” consumer whose benefit plan requires a co-payment that does not vary based on the drug’s status as a brand or generic; and (5) all judges assigned to this case and any members of their immediate families.
| YOUR LEGAL RIGHTS AND OPTIONS REGARDING THIS CLASS ACTION | |
|---|---|
| EXCLUDE YOURSELF FROM THE DAMAGES CLASS | If you wish to exclude yourself from the Damages Class, you must submit a written request by November 27, 2023 If you exclude yourself, you will not be bound by future decisions of the Court, including any determinations at trial. You will not be able to participate in any future class settlements or judgments in this lawsuit which may include an award of monetary damages. |
|
EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS OBJECT TO THE SETTLEMENT CLASS |
If you wish to exclude yourself from the Settlement Class, you must submit a written request
by November 27, 2023. If you exclude yourself, you will not be bound by future decisions of
the Court concerning the Settlement. If you wish to object to the Settlement Class, you must submit a written request according to the instructions in Question 9 of the Notice, by November 27, 2023. |
| DO NOTHING | You are automatically part of the Injunctive Relief Class if you fit the Injunctive Relief Class description. You may not exclude yourself from the Injunctive Relief Class. You are automatically part of the Damages Class if you fit the Damages Class description. You are automatically part of the Settlement Class if you fit the Settlement Class description. By remaining in the Damages and/or Settlement Classes, you will receive the benefit of any future determinations against the Defendants, and you will be bound by any determinations concerning the Defendants on the issues. In other words, you will be bound by any rulings by the Court. The Damages Class will not receive any monetary recovery as a result of the May 12, 2023 Class Certification Order. If the matter is decided in favor of the Damages Class at trial, or if there is a resolution of the matter, including by settlement, then a Damages Class Member may recover monetary damages from the Defendants only if it does not request exclusion from the Damages Class and gives up rights to be part of any other lawsuit that asserts claims related to the allegations or claims against the Defendants in this case. This is your only opportunity to exclude yourself from the Settlement Class and may be your only opportunity to exclude yourself from the Damages Class. |
The Settlement Final Approval Hearing
The Court will hold a Final Approval Hearing on January 11, 2024, at 1:30 p.m. The Court will hold the Final
Approval Hearing virtually, not in-person. Information on how to access the virtual hearing will be posted
on this website when it becomes available. The Court may reschedule the Final Approval Hearing without
further notice, so you should check this website or call 1-877-495-0891 if you want to find out if the
Final Approval Hearing has been rescheduled.
Please click the link below to join webinars (public hearings). If you are a case participant, you will join as an attendee, then you will be brought
into the proceeding by court staff.
https://cand-uscourts.zoomgov.com/j/1606595725?pwd=OExjRVA5N01TQjRSRDZNM25PSThjUT09
Webinar ID: 160 659 5725
Password: 466459
https://cand-uscourts.zoomgov.com/j/1606595725?pwd=OExjRVA5N01TQjRSRDZNM25PSThjUT09
Webinar ID: 160 659 5725
Password: 466459
