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
brand and generic Opana ER by consumers and third-party payors filed against Defendant Impax Laboratories,
(“Impax”). The case name is In re Opana ER Antitrust Litigation, MDL No. 2580, Lead Case No. 14-cv-10150 (N.D.
(the “Lawsuit”). The Lawsuit, which is pending in the Northern District of Illinois, alleges that Impax,
Endo Health Solutions Inc., Endo Pharmaceuticals Inc., and Penwest Pharmaceuticals Co. (collectively, “Endo”)
certain state antitrust, consumer protection, and unjust enrichment laws by entering into a “pay for delay” or
payment” agreement, delaying the launch of Impax’s generic version of Opana ER until January 2013. As a
Lawsuit alleges that the End-Payor Classes paid or reimbursed for brand and generic Opana ER at prices that
than they would have otherwise been. Impax denies any wrongdoing. After Plaintiffs settled with Impax, a
determined that as to Endo, Plaintiffs did not meet their burden in showing that Endo violated federal or
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.