This official website is maintained by the Administrator retained and supervised by Co-Lead Counsel for the
End-Payor Plaintiff Classes in the case entitled
In re Opana ER Antitrust Litigation, Case No.
1:14-cv-10150
(N.D. Ill.)
UPDATED: On December 15, 2022, the Court granted final approval of the Impax Settlement.
This order and other important documents can be found on the Court Documents page.
Your rights may be affected by a proposed partial settlement in a class action lawsuit regarding the prices
paid for
brand and generic Opana ER by consumers and third-party payors filed against Defendant Impax Laboratories,
Inc.
(“Impax”). The case name is In re Opana ER Antitrust Litigation, MDL No. 2580, Lead Case No. 14-cv-10150 (N.D.
Ill.)
(the “Lawsuit”). The Lawsuit, which is pending in the Northern District of Illinois, alleges that Impax,
together with
Endo Health Solutions Inc., Endo Pharmaceuticals Inc., and Penwest Pharmaceuticals Co. (collectively, “Endo”)
violated
certain state antitrust, consumer protection, and unjust enrichment laws by entering into a “pay for delay” or
“reverse
payment” agreement, delaying the launch of Impax’s generic version of Opana ER until January 2013. As a
result, the
Lawsuit alleges that the End-Payor Classes paid or reimbursed for brand and generic Opana ER at prices that
were higher
than they would have otherwise been. Impax denies any wrongdoing. After Plaintiffs settled with Impax, a
federal jury
determined that as to Endo, Plaintiffs did not meet their burden in showing that Endo violated federal or
state laws
arising from Plaintiffs’ allegations.
The Court has preliminarily approved the proposed settlement between the End-Payor Classes and Impax (the
“Settlement”).
The proposed Impax Settlement will provide for the payment of $15 million (the “Settlement Fund”) to resolve
the
End-Payor Classes’ claims against Impax. The full text of the proposed Settlement Agreement is available on
the
Court Documents page.
YOUR LEGAL RIGHTS AND OPTIONS | |
---|---|
DO NOTHING | If you are a member of a Class, by doing nothing you will remain in that Class but will not be entitled to share in any distribution from the Settlement Fund. You will be bound by any decision of the Court in this Lawsuit, including rulings on the Impax Settlement. See Question 11 of the Notice . |
SUBMIT A CLAIM FORM | If you did not exclude yourself from one or more of the classes prior to the December 6, 2021, deadline and believe you are a Class Member, you will need to complete and return a Claim Form to obtain a share of the Settlement Fund. The Claim Form, and information on how to submit it, are available on the Claim Forms page of the website. Claim Forms must be postmarked (if mailed) or received (if submitted online) on or before January 5, 2023. See Question 7 of the Notice . |
OBJECT TO THE SETTLEMENT OR SPEAK AT THE FAIRNESS HEARING | If you object to all or any part of the Settlement or desire to speak in person at the Fairness Hearing, you must file a written letter of objection and/or a notice of intention to speak, including a summary statement, with the Court, Co-Lead Counsel, and Counsel for Impax by November 7, 2022. See Question 10 of the Notice . |
GET MORE INFORMATION |
If you would like more information about the Lawsuit, you can review the
Notice
and send questions to the Claims and
Notice Administrator and/or Co-Lead Counsel. See Questions 12 and 18 of the Notice.
DO NOT CONTACT THE COURT OR THE DEFENDANTS IF YOU
HAVE QUESTIONS REGARDING THIS NOTICE.
|
In re Opana ER Antitrust Litigation, Case No. 1:14-cv-10150 (N.D. Ill.)
Your rights may be affected by a proposed partial settlement in a class action lawsuit regarding the prices
paid for
brand and generic Opana ER by consumers and third-party payors filed against Defendant Impax Laboratories,
Inc.
(“Impax”). The case name is In re Opana ER Antitrust Litigation, MDL No. 2580, Lead Case No. 14-cv-10150 (N.D.
Ill.)
(the “Lawsuit”). The Lawsuit, which is pending in the Northern District of Illinois, alleges that Impax,
together with
Endo Health Solutions Inc., Endo Pharmaceuticals Inc., and Penwest Pharmaceuticals Co. (collectively, “Endo”)
violated
certain state antitrust, consumer protection, and unjust enrichment laws by entering into a “pay for delay” or
“reverse
payment” agreement, delaying the launch of Impax’s generic version of Opana ER until January 2013. As a
result, the
Lawsuit alleges that the End-Payor Classes paid or reimbursed for brand and generic Opana ER at prices that
were higher
than they would have otherwise been. Impax denies any wrongdoing. After Plaintiffs settled with Impax, a
federal jury
determined that as to Endo, Plaintiffs did not meet their burden in showing that Endo violated federal or
state laws
arising from Plaintiffs’ allegations.
The Court has preliminarily approved the proposed settlement between the End-Payor Classes and Impax (the
“Settlement”).
The proposed Impax Settlement will provide for the payment of $15 million (the “Settlement Fund”) to resolve
the
End-Payor Classes’ claims against Impax. The full text of the proposed Settlement Agreement is available on
the
Court Documents page.