$123.5 Million EpiPen Direct Purchasers Class Action Settlement

Photo Credit: Unsplash | Published: March 8, 2025

Claim Form Deadline: May 29, 2025

Payout: Varies

Proof required: Yes if Claim is an Assignment

What is the $123.5 Million EpiPen Class Action About?

A $123.5 million class action lawsuit has been settled over EpiPen and its alleged anticompetitive practices related to the EpiPen medication and some of its generic versions. This particular class action is for direct purchasers of EpiPen. Previously, a separate open class action settlement was agreed upon, which ended up paying indirect purchasers of EpiPen products, mostly aimed at ordinary EpiPen consumers.

The EpiPen class action lawsuit alleged that Pfizer, Mylan, and Teva entered into an illegal market allocation agreement that delayed the launch of generic EpiPen, unlawfully extending Pfizer's and Mylan's monopoly over the epinephrine autoinjector drug market. Pfizer, Teva Pharmaceuticals and Mylan have agreed to pay a combined $123.5 million to settle the alleged claims that they delayed the launch of generic EpiPen products in order to extract more profits from American consumers and insurers.

What is EpiPen? What is the Pricing Controversy?

EpiPen is a fast-acting medication, often used as an injection that treats allergic reactions that can often be life threatening. It is based on the drug Norepinephrine, commonly referred to as noradrenaline or "NA".

The EpiPen pricing controversy erupted when Mylan, the company that acquired the rights to EpiPen in 2007, dramatically increased its price over the years. Here's what happened:

1. EpiPen Price Hike:
   • In 2007, the price of a two-pack of EpiPens was about $100.
   • By 2016, the price skyrocketed to $600+ for the same two-pack.
   • This was a 500% increase, despite no significant changes to the product.

2. Public Backlash & Scrutiny:
   • The price hike caused outrage among consumers, doctors, and politicians, as many people with severe allergies depend on EpiPens.
   • Families were struggling to afford the life-saving medication, and some risked going without it.
   • Mylan's CEO, Heather Bresch, was called to testify before Congress.

What Are EpiPen Prices Now?

Recent data shows that a two-pack of the brand-name EpiPen typically costs around $610 at major pharmacies or online. These figures apply especially to cash-paying or underinsured individuals, making access to this life-saving device a continuing challenge despite legal settlements and efforts at regulatory reform.

How Do I Qualify for a Payout?

To qualify for a payout, you must meet the following criteria:

• You are a person or entity in the United States, its territories, possessions, or Puerto Rico

• You purchased EpiPen or generic EpiPen directly from Mylan or Teva for resale purposes

• Your purchases of EpiPen occurred between March 13, 2014, through February 6, 2025

How Do I Find Class Action Settlements?

Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:

How Much Can I Get?

The exact amount each class member can receive is not specified in the provided information. The $123.5 million EpiPen class action settlement fund will be distributed among qualifying class members, but the individual payout amounts will depend on factors such as the number of valid claims submitted and the volume of qualifying purchases.

Is This EpiPen Class Action for Consumers or for Companies?

This particular action isn't necessarily for everyday consumers— but for “direct purchasers.” In at least two other EpiPen open class action lawsuits, there are different groups of claimants, and this one is aimed at those who bought EpiPen (or its generic form) directly from the manufacturer, rather than through typical retail channels.

What Is a Direct Purchaser?

A direct purchaser is generally an entity or individual that acquires the product straight from the pharmaceutical manufacturer. This group can include:

• Drug Wholesalers: Organizations that purchase medications in bulk directly from manufacturers.

• Institutional Buyers: Hospitals, clinics, or other healthcare facilities that might procure drugs directly. These buyers are not the end consumers (patients who might get the medication via a pharmacy) but rather the intermediaries or institutions that distribute the product. Separate class actions exist for consumers who purchase through retail channels.

Why Are There Two Separate EpiPen Settlements?

Because the alleged misconduct of EpiPen price-fixing impacted different groups in different ways, courts and the companies involved structured separate settlements. The direct purchaser settlements (the $50 million for Pfizer and the $73.5 million for Mylan) address claims from these bulk buyers, while there have been other settlements covering consumers and insurers.

Even though there is one website to file a claim, it is set up to handle multiple settlement groups to simplify the process for those who qualify under the specific criteria for direct purchasers.

How Do I File a Claim?

To file a claim fill out the form online (see the link below) or fill it out by mail. The deadline to submit your claim is May 29, 2025, which is the only way to receive a payment from the class action settlement. If you believe you may be eligible but didn't receive a claim form you can follow one of the links below.

Do I Need Proof to File a Claim?

If you are filing a claim based on an assignment (meaning someone else transferred their right to claim to you), you will also need to provide additional documents showing that transfer of rights for you to file a claim on their behalf. Otherwise, it is not clear if you will need to provide proof of purchase - You may be asked to provide proof of purchase at a later date by the EpiPen class action administrator.

Claim Form Website: EpipendPPSettlement.com

Submit Claim

Filing Class Action Settlement Claims

Please note that your claim form will be rejected if you submit 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.

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