Attorney General Drew Wrigley urges North Dakota consumers to check eligibility for generic drug settlement payments
Bismarck, North Dakota – North Dakota Attorney General Drew H. Wrigley is encouraging consumers who purchased certain generic medications to determine whether they qualify for compensation from settlements involving several drug manufacturers.
The claims process is now open, giving eligible consumers an opportunity to seek money connected to allegations that generic drug companies unlawfully worked together to increase prices.
The development comes after the U.S. District Court for the District of Connecticut this month granted preliminary approval to a distribution plan submitted by Wrigley and a coalition of 47 other attorneys general. The plan establishes how money from settlements with several generic drug manufacturers would be distributed to consumers who may have paid higher prices.
“We are committed to returning money to North Dakotans who paid more than they should have for these drugs,” said Wrigley. “I encourage everyone to review the criteria, determine whether you qualify, and, if you do, submit a claim,” adds Wrigley.
Settlements total about $96.5 million
The coalition previously reached settlements with Glenmark, Lannett, Bausch, Apotex, Heritage and Heritage’s parent company, Emcure. Together, those settlements total approximately $96.5 million.
The distribution plan is intended to return millions of dollars from those funds to consumers potentially affected by higher prices for generic medications involved in a series of antitrust cases.
Consumers who purchased an eligible generic drug between May 2009 and December 2019 may qualify to receive compensation.
People who believe they may qualify are being encouraged to review the list of covered drugs and submit a claim through the settlement process. Consumers seeking more information can call the toll free number 1 866 290 0182 or email [email protected]. Information about eligibility, covered medications and filing a claim is also available through the AG Generic Drugs settlement website.
Antitrust litigation dates back to 2016
Wrigley is participating in a coalition representing nearly all U.S. states and territories in a series of antitrust cases involving the generic drug industry.
The first complaint was filed in 2016 and involved Heritage along with 17 other corporate defendants, two individual defendants and 15 generic medications.
A second complaint followed in 2019. That case named Teva Pharmaceuticals and 21 other major generic drug manufacturers as defendants. It also named 16 senior executives individually.
A third complaint, which is expected to be the first of the cases to go to trial, centers on 80 topical generic drugs responsible for billions of dollars in U.S. sales. That complaint names 26 corporate defendants and 10 individual defendants.
The coalition filed a fourth complaint earlier this year. It alleges that Novartis AG, Sandoz Group AG and Sandoz AG are responsible for alleged conduct involving Sandoz and for fraudulently transferring assets.
Seven pharmaceutical executives have been cooperating with the attorneys general and providing support for the coalition’s claims.
The broader investigation has relied on several types of evidence. Authorities say the cases were developed using information from cooperating witnesses who were positioned within the alleged conspiracies, along with millions of documents and a large database of phone records.
According to the complaints, executives from competing companies regularly met and communicated with one another. The attorneys general allege that those interactions created opportunities for agreements that limited competition and contributed to higher generic drug prices.
The complaints say defendants used expressions including “fair share,” “playing nice in the sandbox,” and “responsible competitor” while allegedly discouraging competition, raising prices and maintaining what the coalition describes as a culture of collusion.
Each complaint deals with a different group of medications and defendants, but the attorneys general allege that the cases reveal connections among executives and companies operating throughout the generic drug industry.
The coalition involved in the litigation includes North Dakota as well as Alaska, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico and New York.
North Carolina, the Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, the U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming are also participating.
With the claims process now underway, Wrigley is urging North Dakota consumers who bought generic drugs during the covered period to check the eligibility requirements rather than assume they do not qualify. Those who purchased one of the listed drugs between May 2009 and December 2019 may be able to submit a claim and recover part of the settlement money.
