Mylan EpiPen Class Action Settlement

Updated: May 16, 2023

Settlement Status: Awaiting Final Approval

Claim Form Deadline: Passed

Estimated Payout: Varies

Proof required: No

Method of payment: Mailed Check

What's The EpiPen Settlement About?

A $264,000,000 settlement has been reached as a result of a lawsuit against certain manufacturers of EpiPens such as Mylan N.V., Mylan Specialty L.P., Mylan Pharmaceuticals Inc., Viatris Inc., or Heather Bresch. As of May 16, 2023 the Epipen Class Action Settlement is closed. The administrator provided the following update:

Since the Epipen class action is closed to new claims, and has received final approval from the judge, the distribution of payments process for eligible claimants is expected start in May 2023. When the distribution is prepared to begin, consumers with a valid claim will receive an initial email at the email address they provided on the Claim Form. This email will contain instructions on how to redeem their payment through a digital payment process. This is stated to occur 30 to 45 days from May 8, 2023.

Following the initial email, a second email will be sent to claimants, which will include a live link to redeem the digital payment, as well as information regarding the payment amount. It is important to note that details about the payment amounts will only be available once the second email has been received by the claimant who qualified for payment.

*Please note that this Epipen junior settlement is different from a previous EpiPen settlement against Pfizer manufacutured EpiPens which resulted in an even larger $345M class action settlement. The lawsuit alleged that EpiPen manufacturers violated certain state antitrust, federal racketeering, and other laws in the United States, harming competition and causing Class Members to overpay for their products. Mylan and the Pfizer Defendants are liable for violations of certain state antitrust laws and federal racketeering laws in the United States, harming competition and causing Class Members to overpay for:

• EpiPen® (epinephrine injection, USP) 0.3 mg Auto-Injectors;
• EpiPen Jr® (epinephrine injection, USP) 0.15 mg Auto-Injectors, Epinephrine Injections;
• USP Auto-Injectors (the authorized generic for EpiPen®) (collectively, “EpiPen” products).

Mylan denied that it violated but agreed to create a $264,000,000 settlement fund.

How Do I Qualify?

The Court has certified the following members as qualifying for part of the $264 Million Settlement fund:

• All persons and entities in the United States who paid or provided reimbursement for some or all of the purchase price of Branded or authorized generic EpiPens for the purpose of consumption, and not resale, by themselves, their family member(s), insureds, plan participants, employees, or beneficiaries, at any time between August 24, 2011, and November 1, 2020; and

• All persons and entities in the Antitrust States who paid or provided reimbursement for some or all of the purchase price of Branded EpiPens at any time between January 28, 2013, and November 1, 2020, for the purpose of consumption, and not resale, by themselves, their family member(s), insureds, plan participants, employees, or beneficiaries

• The “Antitrust States” are: Alabama, California, Florida, Hawaii, Illinois, Kansas, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New York, North Carolina, Tennessee, and Utah.

How Do I File a Claim?

In order to qualify for a settlement payment, you must have filed a claim by July 25, 2022. Other similar class actions have been filed and approved recently for which you can check a complete list that is kept updated here. You can stay up to date on class actions you do qualify for as they are announced here:

Filing Class Action Settlement Claims

Please note that your claim form will be rejected if you submit a a settlement claim for payout with any fraudulent information. By providing this information and your sworn statement of its veracity, you agree to do so under the penalty of perjury. You would also be harming others that actually qualify for the class action settlement. If you are not sure whether or not you qualify for this class action settlement, visit the class action administrator's website below. OpenClassActions.com is only providing information and is not a class action administrator or a law firm. OpenClassActions is a participant in the Amazon affiliate advertising program and this post may contain affiliate links, which means we may earn a commission or fees if you make a purchase via those links.