Labaton Sucharow LLP and Freed Kanner London & Millen LLC Announce Pendency of Class Action Involving Purchasers of Opana ER® and/or its Generic Equivalent

Oct 26, 2021 1:48 PM ET

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Purchased Opana ER® or Its Generic Equivalent?
A Class Action Lawsuit May Affect Your Rights


Your rights may be affected by a class action lawsuit regarding the price paid for brand or generic Opana ER (collectively, "Opana ER") products by end payors (individuals and entities who purchase or pay for drugs other than for resale) against Defendants Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Penwest Pharmaceuticals Co., and Impax Laboratories, Inc. The case name is In re Opana ER Antitrust Litigation, and the civil action number is 1:14-cv-10150 (N.D. Ill.). The lawsuit, which is pending in the United States District Court for the Northern District of Illinois, asserts that Defendants violated certain state antitrust, consumer protection, and unjust enrichment laws, harming competition and causing class members to overpay for Opana ER products sold by Defendants. Defendants deny that they violated any laws.


PLEASE NOTE:  This is NOT a recall, safety, or other similar notice. This lawsuit is not about the safety or efficacy of Opana ER products. 


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 at www.opanaerantitrustlitigation.com. 


Who Is Included?


On August 11, 2021, the Court certified the following End-Payor Plaintiff Classes in this lawsuit (the "Classes"):



  • Antitrust/Consumer Protection Class: All persons or entities who indirectly purchased, paid for, and/or provided reimbursement for some or all of the purchase price for brand or generic Opana ER 5 mg, 10 mg, 20 mg, 30 mg, and/or 40 mg sold by Defendants, other than for resale, in the states and commonwealths of ArizonaCaliforniaFloridaHawaiiIowaMaineMichiganMinnesotaMissouriNebraskaNevadaNew HampshireNew MexicoNew YorkNorth CarolinaNorth DakotaOregonSouth DakotaTennesseeVermontWest VirginiaWisconsin, and the District of Columbia from April 2011 through September 2018; and
     

  • Unjust Enrichment Subclasses: All persons or entities who from April 2011 through September 2018 indirectly purchased, paid for, and/or provided reimbursement for some or all of the purchase price for brand or generic Opana ER 5 mg, 10 mg, 20 mg, 30 mg, and/or 40 mg sold by Defendants, other than for resale, in the following states and commonwealths:|
     


    • Subclass 1IowaMichiganOregonWest Virginia

    • Subclass 2MaineNew MexicoWisconsin

    • Subclass 3HawaiiMassachusetts*, Mississippi*, NebraskaVermont

    • Subclass 4FloridaMinnesotaMissouriNevadaPennsylvaniaSouth DakotaUtah

    • Subclass 5Arizona*, North Dakota.



With respect to ArizonaMassachusetts, and Mississippi unjust enrichment claims, class members must have purchased, paid for, and/or provided reimbursement for some or all the purchase price of brand or generic Opana ER from June 4, 2011 through September 2018.


A more detailed notice, including the exceptions to Class membership, is available at www.opanaerantitrustlitigation.com.


Your Rights and Options


DO NOTHING: If you are a Class member and do nothing, you are choosing to remain a Class member, and you may be able to share in any money or benefits that may be recovered in this case. You will be bound by all judgments and orders 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 CLASSES: If you exclude yourself from the Classes (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 judgments or orders of the Court, and you will not give up your right to hire your own lawyer and sue Defendants as part of any other lawsuit for the claims made in this case. The deadline to exclude yourself from the Classes is December 6, 2021.  Specific instructions on how to request exclusion are included in the Long-Form Notice available to download at www.opanaerantitrustlitigation.com.


The Trial


The Court has scheduled a trial to begin on June 7, 2022 in the United States District Court for the Northern District of Illinois, Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604. Any changes to the date or location of the trial will be posted to the case website.


Want More Information?


Go to www.opanaerantitrustlitigation.com, call 1-877-888-6423, or write to Opana ER Antitrust Class Action, Notice Administrator, P.O. Box 173067, Milwaukee, WI 53217.


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