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The Joseph Saveri Law Firm served as Liaison Counsel for Lidoderm End-Payors in a class action lawsuit against Endo Pharmaceuticals Inc., Teikoku Seiyaku Co., Inc., and Actavis Inc., along with their respective subsidiaries, in the U.S. District Court for the Northern District of California.

The suit charged Endo, Teikoku, and Actavis with entering into an illegal reverse pay agreement, forcing companies and consumers to pay higher prices for Lidoderm:  a patch containing lidocaine that is typically used to treat post-shingles pain.  Endo and Teikoku allegedly provided $96 million worth of branded Lidoderm to Actavis to keep generic lidocaine patches off the market for a year, while promising not to launch its own authorized generic competitor for seven and a half months.

Companies and consumers claimed Endo, Teikoku, and Actavis engaged in an anticompetitive scheme to prevent generic price competition and raise the price of Lidoderm.

“This unlawful agreement had a far-reaching impact on consumers, companies, and other entities who purchase Lidoderm,” said Joseph Saveri, liaison counsel for the End-Payor Class.  “By eliminating generic alternatives, these companies unfairly increased their profits while forcing patients and other payors to accept inflated prices or suffer without medication.”

The suit, In re Lidoderm Antitrust Litigation, sought monetary damages for Lidoderm End-Payors.  In 2017, the Court granted Plaintiffs’ motion for class certification.  The case settled in early 2018 before trial for $104.75 million.  Final judgment was entered on September 20, 2018 and the case closed in October 2018.

FEBRUARY 2017

The U.S. District Court for the Northern District of California concludes the Plaintiffs’ claims are appropriate for classwide treatment, and granted their motion to certify a class of Lidoderm End-Payors. Read the opinion here.

SEPTEMBER 2016

The Joseph Saveri Law Firm filed a class action complaint on behalf of Lidoderm End-Payors in the United States District Court for the Northern District of California.

NOVEMBER 2014

The Court largely denied a motion by Defendants Endo Pharmaceuticals and Actavis to dismiss the End-Payor Plaintiffs’ consolidated complaint. Read the court order here.

MAY 2014

Judge William H. Orrick appointed the Joseph Saveri Law Firm as Interim Liaison Counsel for the proposed End-Payor Class. Read the court order here.

APRIL 2014

The Judicial Panel on Multidistrict Litigation transferred numerous Lidoderm antitrust class actions to the United States District Court for the Northern District of California and assigned the cases to Judge William H. Orrick for coordinated proceedings.