KANSAS CITY, Kan., Nov. 16, 2020 /PRNewswire-HISPANIC PR WIRE/ —
Purchased an EpiPen®, EpiPen Jr®, and/or their Authorized Generics? A Class Action Lawsuit May Affect Your Rights
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.
PLEASE NOTE: This is NOT a recall, safety, or other similar notice. No one is claiming that EpiPen products are unsafe or ineffective.
This is only a summary. 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, please read the Long-Form Notice available to download at www.EpiPenClassAction.com.
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.
A more detailed notice, including the exact Class definitions and exceptions to Class membership, is available at www.EpiPenClassAction.com.
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 included in the Long-Form Notice available to download at www.EpiPenClassAction.com.
The Trial
The Court has not yet determined whether a trial is required in this case. But, if the case proceeds to trial, the Court has scheduled a trial to begin on April 13, 2021 in the United States District Court, District of Kansas, located at 500 State Avenue, Kansas City, KS 66101. Any changes to the date or location of the trial will be posted to the case website below. You may hire your own lawyer at your own expense, but you do not have to.
Want More Information?
Go to www.EpiPenClassAction.com, call 877-221-7632, or write to EpiPen Class Action, c/o A.B. Data, Ltd., P.O. Box 173113, Milwaukee, WI 53217.
SOURCE Robbins Geller Rudman & Dowd LLP
