BISMARCK, ND – North Dakota Attorney General Drew H. Wrigley is urging consumers to check their eligibility and submit claims for compensation from settlements involving multiple generic drug manufacturers. The claims process is now open for eligible consumers to recover money from settlements resolving allegations of unlawful inflation of generic drug prices, according to Wrigley.
This development follows a preliminary approval granted this month by the U.S. District Court for the District of Connecticut. The court approved a distribution plan filed by Wrigley and a coalition of 47 other attorneys general. This plan aims to distribute settlement funds paid by generic drug manufacturers to consumers potentially harmed by elevated prices. The coalition previously announced settlements totaling approximately $96.5 million with companies including Glenmark, Lannett, Bausch, Apotex, Heritage, and Heritage’s parent company, Emcure. These settlements are part of a series of antitrust cases the coalition has been litigating since 2016.
Consumers who purchased a generic drug listed on the settlement website between May 2009 and December 2019 may be eligible for compensation. To determine eligibility or to learn more about submitting a claim, individuals can call a toll-free number at 1-866-290-0182, email [email protected], or visit the settlement website.
Attorney General Wrigley stated, "We are committed to returning money to North Dakotans." He added that he encourages everyone to review the criteria, determine whether they qualify, and, if so, submit a claim.
Wrigley is part of a broad coalition, including nearly all states and territories, engaged in a series of antitrust cases targeting generic drug manufacturers. The first complaint in this legal effort was filed in 2016, naming Heritage and 17 other corporate defendants, along with two individual defendants and focusing on 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 to be tried first, focuses on 80 topical generic drugs. These drugs account for billions of dollars in sales within the United States and involve 26 corporate defendants and 10 individual defendants. Most recently, a fourth complaint was filed earlier this year, alleging that Novartis AG, Sandoz Group AG, and Sandoz AG are liable for Sandoz’s alleged conduct and for fraudulently transferring assets. In support of the coalition’s claims in these cases, seven pharmaceutical executives have been cooperating with investigators.
These cases stem from extensive investigations built on evidence provided by several cooperating witnesses who were central to the different conspiracies. Investigators also reviewed millions of documents and analyzed a massive phone record database. Each complaint addresses a distinct set of drugs and defendants, but collectively they describe an interconnected network of competing industry executives. These executives regularly met and communicated with each other, creating opportunities to form illegal agreements. The complaints assert that defendants used specific phrases such as “fair share,” “playing nice in the sandbox,” and “responsible competitor” to unlawfully discourage competition, artificially raise prices, and enforce a deeply ingrained culture of collusion within the industry.
North Dakota is joined by a wide array of states and territories in this coalition. These include Alaska, Arizona, California, Colorado, Connecticut, Delaware, 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, New York, North Carolina, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
