Class Eligibility

There are two categories of End-Payor Class Members in this matter; Consumer and Third-Party Payor End-Payor Class Members.

As a Consumer, you may be a member of the End-Payor Class if:

You are a person in the United States and its territories who, in Arizona, California, Florida, Kansas, Maine, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, West Virginia, or Wisconsin and for consumption by yourself or your family member, paid for some or all of the purchase price of:

  • Branded Lidoderm for the time period August 23, 2012 through September 14, 2013; and/or AB-rated generic Lidoderm for the time period September 15, 2013 through August 1, 2014.

As a Consumer, you are NOT a member of the End-Payor Class if:

  • You are one of the Defendants and their officers, directors, management, employees, subsidiaries, and affiliates;
  • After September 15, 2013, you paid and/or provided reimbursements for branded Lidoderm and did not purchase or reimburse for generic Lidoderm; You purchased Lidoderm or generic Lidoderm only via a “single flat co-pay,” i.e. a fixed dollar co-payment that does not vary on the basis of the purchased drug’s status as branded or generic (e.g., $20 for both branded and generic drugs);
  • You purchased Lidoderm or generic Lidoderm only after September 15, 2013, via a “flat generic co-pay, i.e. a fixed dollar copayment (e.g., $10 for generic drugs) regardless of the co-payment applicable to branded drugs;
  • You purchased or received Lidoderm or its AB-rated generic equivalent through a Medicaid program only; or You are one of the judges in this case or a member of their immediate families.

As a Third-Party Payor, you may be a member of the End-Payor Class if:

  • You are an entity in the United States and its territories who, in Arizona, California, Florida, Kansas, Maine, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, West Virginia, or Wisconsin and for consumption by your insureds, plan participants or beneficiaries, paid and/or provided reimbursements for some or all of the purchase price of: Branded Lidoderm for the time period August 23, 2012 through September 14, 2013; and/or AB-rated generic Lidoderm for the time period September 15, 2013 through August 1, 2014.
  • If not already included in the above categories, the End-Payor Class also includes third-party payors CVS Caremark, Cigna, Envision Pharmaceutical Services, MedImpact Healthcare Systems, Inc., Comprehensive Health Management, Inc. Part D, and Express Scripts Senior Care to the extent they provided, under their Medicare Part D plans, reimbursements for some or all of the price of branded Lidoderm purchased in Class States for the time period September 15, 2013 through August 1, 2014.
  • Estimated Amount

    Varies

    Proof of Purchase

    Yes

    Case Name

    In re: Lidoderm Antitrust Litigation,
    Case No. 14-md-2521-WHO
    District Court for the Northern District of California

    Case Summary

    This lawsuit is about whether Defendants entered into an anticompetitive agreement to delay the availability of allegedly less expensive generic versions of Lidoderm. End-Payor Plaintiffs allege that, as part of settlement of a patent lawsuit that Endo and Teikoku brought against Watson, Endo and Teikoku agreed to pay Watson to not to start selling an authorized generic version of Lidoderm from August 2012 until September 2013 (the “Patent Settlement”). End-Payor Plaintiffs contend that the Patent Settlement was anticompetitive and violated state laws in the Class States.

    Settlement Pool

    $105,000,000 apron combined pool

    Deadline

    10/01/18

    Contact


    Lidoderm End-Payor Notice Administrator
    c/o KCC Class Action Services
    P.O. Box 43491
    Providence, RI 02940-3491
    1-866-700-0414
    info@LidodermAntitrustLitigation.com

    13 responses to “Lidorderm Generic Delay Class Action Settlement”

    1. gene says:

      I am confused if I bought these as a consumer regularly am I a potential party? Also, is medicare and the government going to get money back for the taxpayers as they should participate too?

      ADMIN – Hi Gene,

      Please refer to class eligibility. The government will file for you if you paid a fixed amount.

    2. gene says:

      what does this mean.
      The government will file for you if you paid a fixed amount.

      ADMIN – Hi Gene,

      That means that the government will get the share of the settlement instead of you.

    3. Heather Nugent says:

      I purchased this product after a surgery. What constitutes proof of purchase as I do not keep random receipts for years. Does history of use on a FSA debit card qualify as proof?

      ADMIN – Hi Heather,

      The pharmacy probably has records.

    4. Kristel Rose says:

      I’ve bought Lidorderm

    5. Crystal morenoc says:

      It used to be all I bought

    6. Rogenia Holman says:

      Rogenia Ray- Holman

    7. Sophisticated Internet User says:

      Please add me to this lawsuit.

      ADMIN – Hi SIU

      I can’t.

      • Someone Had to Say It says:

        Are there open lawsuits for ignorance these days…? Hahaha, you must see a disturbing amount.

        ADMIN – Hi SHTSI,

        The affected class would be too large resulting in a settlement that would be too small.

    8. Cydaisha says:

      Wow!!!!!!!!!!!!

    9. Sheri Reyes says:

      Why isn’t Texas included? I have purchase the patches for years.

      ADMIN – Hi Sheri,

      Each state has different laws regulating this type of lawsuits. If you feel there is potential for a case in Texas you can reach out to a class action attorney

    10. Donna says:

      I line in texas now and am always getting emails from the AG office and i see where they sue companies all the time on “behalf of the citizens” yet the “citizens” never see a dime on that money oddly enough. And they never explain the way a citizen can go about collecting the monies they claim to get on our behalf….Tx Ag do me a solid and don’t sue anyone on my behalf, being you like to pocket the money into your acct and i never see a damn dime yet it was my misfortune that got the state the money…..Can we sue the state for this? I’d love to……

      ADMIN – Hi AG,

      I can’t provide you with legal advice regarding who you can or can’t bring a lawsuit against.

    11. Anthony Smith says:

      Purchased this product several times

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