On September 26-27, 2019 Judge Nina Gershon conducted an evidentiary hearing regarding the End-Payor Plaintiffs’ class certification motion. On May 5, 2020, Judge Gershon issued an order certifying the End-Payor Class. Judge Gershon also issued an order granting End-Payor Plaintiffs’ motion under Federal Rule of Evidence 702 to exclude Allergan’s experts. The parties are currently concluding expert discovery.
case
Restasis Antitrust Litigation
The Joseph Saveri Law Firm, LLP is Co-Lead Counsel for end-payor plaintiffs in an antitrust class action filed against Allergan, Inc., for an alleged scheme to delay generic competition to Allergan’s blockbuster Restasis drug (used primarily for the treatment of chronic dry eyes). The firm sued on behalf of its client and named class representative, Self-Insured Schools of California (SISC). SISC is a Joint Powers Authority providing health benefits to over 300,000 public school district employees and their family members. The firm represents a class of consumers and third-party payors (entities such as employers or insurers with self-funded prescription drug plans) that purchased or provided reimbursement for Restasis.
The class action complaint alleges that Allergan unlawfully extended its monopoly in the market for Restasis through a series of fraudulent and anticompetitive acts, including:
- Committing fraud on the U.S. Patent and Trademark Office to gain approval for a second wave of patents extending Allergan’s Restasis monopoly
- Filing sham citizen petitions to the U.S. Food and Drug Administration to delay approval of competing generic drugs
- Aggressively pursuing meritless infringement actions against generic drug makers
- Assigning the contested patents to an Indian Tribe in an unlawful attempt to divest the Patent and Trademark Appellate Board of jurisdiction when it appeared likely that the Board was poised to invalidate them
The suit is part of a multidistrict litigation pending in the United States District Court for the Eastern District of New York: In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation, MDL No. 2819-NG-LB (E.D.N.Y.).
On April 7, 2021, an announcement was issued to provide more information to those who may have purchased or provided reimbursement for Restasis. It provides details about the lawsuit, who is impacted, and options to stay in or be removed from the Class.
On February 1, 2022, a proposed $29,999,999.99 million settlement was announced, covering:
- Who is in the Class?
- What does the settlement provide?
- How to obtain a settlement payment
- Options for commenting on or objecting to the proposed settlement
- How to reach the Restasis settlement website
On August 2, 2022, the Court granted final settlement approval.
Please contact the firm for more information.
May 5, 2020
September 18, 2018
Judge Nina Gershon of the United States District Court for the Eastern District of New York denied Defendant Allergan’s Motion to Dismiss for Failure to Allege Causation. In its motion, Allergan did not challenge Plaintiffs’ allegations that it deliberately and repeatedly attempted to block generics from entering the market for Restasis. Allergan instead claimed that its efforts did not ultimately have their intended effect of delaying generic competition. Judge Gershon rejected Allergan’s arguments, holding that it is “plausible that Allergan’s efforts, which Plaintiffs allege were intended solely to impede generic entry into the market, worked.” She went on to deny Allergan’s motion in its entirety.
April 4, 2018
At a March 22, 2018 status conference, and later by an April 4, 2018 order, Judge Nina Gershon of the United States District Court Eastern District of New York appointed the Joseph Saveri Law Firm as Interim Co-Lead Counsel on behalf of End-Purchaser Plaintiffs.
February 14, 2018
This case and similar suits were consolidated into a multidistrict litigation pending in the United States District Court for the Eastern District of New York.
May 5, 2020
On September 26-27, 2019 Judge Nina Gershon conducted an evidentiary hearing regarding the End-Payor Plaintiffs’ class certification motion. On May 5, 2020, Judge Gershon issued an order certifying the End-Payor Class. Judge Gershon also issued an order granting End-Payor Plaintiffs’ motion under Federal Rule of Evidence 702 to exclude Allergan’s experts. The parties are currently concluding expert discovery.