Mylan EpiPen Class Action Settlement

Updated: September 10, 2022

Claim Form Deadline: Passed

Estimated Payout: Varies

Proof required: No

Method of payment: Mailed Check

What's This 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.

*This is a different settlement from the 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; or
Epinephrine Injection, • 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 Class:

• 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 either:

(1) Have already submitted a proof of claim form (“proof of claim”) in the settlement with the Pfizer defendants in this case in 2021, or

(2) Timely submit a proof of claim that is postmarked or submitted online on or before July 25, 2022. Proof may be asked for later in the claims process if the class administrator decides to do so.

The Court will hold a Fairness Hearing on July 6, 2022, at 9:30 a.m., Kansas City, Kansas.