Dicello Levitt LLC and Freed Kanner London & Millen LLC Announce Proposed Class Action Settlement Involving Purchasers of Opana ER and/or its Generic Equivalent

CHICAGO, September 7, 2022 /PRNewswire/ —

If you paid or refunded part or all of the purchase price of branded or generic Opana ER® (oxymorphone hydrochloride extended release), you could get paid in a class action.

Your rights may be affected by a proposed partial settlement in a class action lawsuit regarding prices paid for the Opana ER brand and generic by consumers and third-party payers 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 (ND Ill.) (the “Law”). The trial, which is ongoing in the northern district of Illinoisalleges that Impax, together with Endo Health Solutions Inc., Endo Pharmaceuticals Inc. and Penwest Pharmaceuticals Co. (collectively, “Endo”), violated certain antitrust, consumer protection and unjust enrichment laws by entering into a ” pay for delay agreement” or “reverse payment”, delaying the launch of the generic version of Impax’s Opana ER until January 2013. As a result, the lawsuit alleges that the endpayer classes paid or reimbursed the Opana ER brand and generic at higher prices than they otherwise would have been. Impax denies any wrongdoing. After the plaintiffs settled with Impax, a federal jury determined that with respect to Endo, the plaintiffs had failed in their duty to show that Endo violated any federal or state laws arising from the plaintiffs’ allegations.

The Court has given preliminary approval to the proposed settlement between the Ultimate Payors Groups and Impax (the “Settlement”). The proposed Impax Settlement will provide for the payment of $15 million (the “Settlement Fund”) to resolve claims of ultimate payor groups against Impax. The full text of the proposed settlement agreement is available at www.opanaerantitrustlitigation.com.

The Court has scheduled a hearing to decide whether to approve the settlement, the plan for allocating settlement funds to class members, and the Lead Co-Lawyer’s request for payment of attorneys’ fees and reimbursement of expenses and service awards to the group representative. Claimants Out of the Settlement Fund (the “Equity Hearing”). The fairness hearing is scheduled for December 15, 2022at 10:00 a.m.Before the judge Harry D. Leinenweber at the Everett McKinley Dirksen U.S. Courthouse, 219 South Dearborn Street, Chicago, Ill. 60604.

Who is included?

You are a member of the groups of final plaintiffs if:

You purchased, paid for, or refunded all or part of the purchase price of branded or generic Opana ER sold by Endo or Impax for consumption, and not resale, by yourself, your family members, policyholders, members, employees or beneficiaries, at any time during the April 2011 through September 2018 in one of the following states or commonwealths:

Arizona*, California, Florida, Hawaii, Iowa, Maine, Massachusetts*, Michigan, Minnesota, Missouri, Mississippi*, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, Oregon, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsinand the District of Colombia.

* As it concerns Arizona, Massachusettsand Mississippi claims for unjust enrichment, Class Members must have purchased, paid for, and/or refunded some or all of the purchase price of the Opana ER brand or generic from June 4, 2011through September 2018.

The following people are NOT members of Classes:

  • Defendants and their attorneys, officers, directors, officers, employees, subsidiaries or affiliates;
  • Persons or entities whose only purchases or reimbursements or payments for the Opana ER brand or generic were for or for the Opana ER generic product sold by Actavis South Atlantic LLC or its successors;
  • All government entities and Medicare Part D plans and beneficiaries, except Medicare Part D non-government funded benefit plans;
  • Any persons or entities that purchased Opana ER for resale or directly from Defendants or their affiliates;
  • Fully insured health plans (plans that have purchased insurance from another third-party payer covering 100% of the plan’s reimbursement obligations to its members);
  • Flat-rate co-payers (consumers who have paid the same co-pay amount for branded and generic drugs);
  • Any consumer who purchased only the branded version of Endo from Opana ER after the AB-rated generic version became available in January 2013 (that’s to say“brand true”);
  • Consumers with copay insurance plans who purchased only generic versions of Opana ER (that’s to say“co-pay only generic consumers”);
  • Pharmacy benefit managers;
  • All attorneys on file; and
  • The Court, Court staff and any member of their immediate family.

For more details, please read the detailed notice available at www.opanaerantitrustlitigation.com.

Your rights and options

DO NOT DO ANYTHING: If you are a member of a class, by doing nothing, you will remain in that class, but you will not be entitled to participate in any settlement fund distributions. You will be bound by any decisions of the Court in this Lawsuit, including decisions on the Settlement.

SUBMIT A CLAIM FORM: If you have not excluded yourself from one or more of the Courses before 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 Settlement Website. Claim Forms must be postmarked (if mailed) or received (if submitted online) by January 5, 2023. Because a federal jury recently determined that Impax’s co-defendant, Endo, did not violate federal or state law arising from his reverse payment agreement, this may be your only opportunity to receive compensation in this dispute.

PURPOSE OF PAYMENT: If you object to all or part of the Settlement or if you wish 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, to the Court, Lead Co-Lawyer and Counsel for Impax by November 7, 2022.

Want more information?

Go to www.opanaerantitrustlitigation.com. You may also contact the Claims and Notices Administrator, by mail to Opana ER Antitrust Litigation, PO Box 173067, Milwaukee, Wis. 53217, e-mail to [email protected], or by phone at 877-888-6423. The timelines contained in this notice are subject to change by court order, so check the settlement website for any updates.

Please do not call the court or the court clerk for information on the Impax settlement.

SOURCE Dicello Levitt LLC and Freed Kanner London & Millen LLC

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