BISMARCK, ND – North Dakota Attorney General Drew H. Wrigley is encouraging consumers in Burleigh and Morton counties, and across the state, to verify their eligibility and file a claim for compensation related to purchases of certain generic drugs. The claims process is now open for individuals to recover funds from settlements reached with multiple generic drug manufacturers, accused of illegally conspiring to raise the prices of their products.
Wrigley's announcement follows preliminary approval granted this month by the U.S. District Court for the District of Connecticut. The court approved a plan, submitted by Wrigley and a coalition of 47 other state attorneys general, to distribute settlement funds. These funds aim to return millions of dollars to consumers who were potentially impacted by inflated prices for generic drugs implicated in a series of antitrust cases that the coalition has been litigating since 2016.
Previous settlements, totaling approximately $96.5 million, have been reached with manufacturers including Glenmark, Lannett, Bausch, Apotex, Heritage, and Heritage’s parent company, Emcure. These agreements are the source of the funds now being distributed to eligible consumers.
Consumers who purchased a generic drug included on the settlement's official list between May 2009 and December 2019 may qualify for compensation. To determine eligibility or to learn more about submitting a claim, individuals can call 1-866-290-0182 (Toll-Free), send an email to [email protected], or visit the designated settlement website. Wrigley stated, "We are committed to returning money to North Dakotans who paid more than they should have for these drugs."
North Dakota is part of a broad coalition, comprising nearly all states and territories, engaged in a series of antitrust lawsuits. The initial complaint in this legal action was filed in 2016, naming Heritage, 17 other corporate defendants, two individual defendants, and 15 generic drugs. A second complaint followed in 2019, targeting Teva Pharmaceuticals and 21 of the nation’s largest generic drug manufacturers, alongside 16 individual senior executive defendants. A third complaint, slated for trial first, focuses on 80 topical generic drugs, accounting for billions in U.S. sales, and lists 26 corporate defendants and 10 individual defendants. Earlier this year, a fourth complaint was filed, alleging Novartis AG, Sandoz Group AG, and Sandoz AG are liable for Sandoz’s alleged conduct and for fraudulently transferring assets. Seven pharmaceutical executives are cooperating to support the coalition’s claims in these ongoing cases.
The investigations underpinning these complaints were built upon evidence from multiple cooperating witnesses at the core of various conspiracies, millions of documents, and an extensive phone record database. Each complaint addresses distinct sets of drugs and defendants, detailing an interconnected network of competing industry executives who regularly met and communicated. These interactions allegedly provided opportunities to form illegal agreements. The complaints further note that defendants purportedly used phrases such as "fair share," "playing nice in the sandbox," and "responsible competitor" to unlawfully discourage competition, artificially inflate prices, and enforce an ingrained culture of collusion within the generic drug market.
