Hagens Berman Sobol Shapiro LLP, Hilliard & Shadowen LLP, and Durie Tangri LLP Announce a Class Action Involving Antiretroviral Drugs
28 Dec 2022
Patent InfringementBiosimilar
SAN FRANCISCO, Dec. 28, 2022 /PRNewswire/ --
If you purchased Atripla®, Biktarvy®, Complera®, Descovy®, Evotaz®, Genvoya®, Odefsey®, Prezcobix®, Stribild®, Symtuza®, Truvada®, or Viread®, a class action lawsuit may affect your rights. If you are a member of one or both classes, your legal rights will be affected whether you act or don't act, so please read this notice carefully. You must decide whether to remain a member of the class(es) or to exclude yourself from the class(es).
A class action lawsuit is pending in the United States District Court for the Northern District of California (the "Court") involving the antiretroviral products Atripla, Biktarvy, Complera, Descovy, Evotaz, Genvoya, Odefsey, Prezcobix, Stribild, Symtuza, Truvada, and Viread ("Products"). The lawsuit claims that Gilead Sciences, Inc., Gilead Holdings, LLC, Gilead Sciences, LLC, and Gilead Sciences Ireland UC ("Gilead"), and Johnson & Johnson, Janssen Products LP, and Janssen R&D Ireland ("Janssen") (collectively, "Defendants") engaged in allegedly anticompetitive conduct that caused certain consumers and third-party payors to pay too much for certain of the Products
. Defendants deny any wrongdoing.
PLEASE NOTE: No one is claiming that any of these products is unsafe or ineffective.
WHO IS INCLUDED IN THE CLASSES?
The Court has certified three Damages Classes and three Injunctive Classes in this lawsuit (the "Classes"). The Damages Classes are made up of third-party payors ("TPPs") only (i.e., not individual consumers); the Injunctive Classes are made up of both TPPs and consumers.
Damages Classes
:
The Truvada Class: All entities in the United States that indirectly purchased, paid, and/or provided reimbursement for some or all of the purchase price of Truvada, and/or its AB-rated generic equivalent sold by Teva Pharmaceutical Industries Ltd. or its affiliates, in the Specified States1 for consumption by their members, employees, insureds, participants, or beneficiaries, other than for resale, during the period February 1, 2018 through May 31, 2021;
The Atripla Class: All entities in the United States that indirectly purchased, paid, and/or provided reimbursement for some or all of the purchase price of AtriplaAtripla, and/or its AB-rated generic equivalent sold by Teva Pharmaceutical Industries Ltd. or its affiliates, in the Specified States for consumption by their members, employees, insureds, participants, or beneficiaries, other than for resale, during the period February 1, 2018 through July 31, 2021; and
The Complera Class: All entities in the United States that indirectly purchased, paid, and/or provided reimbursement for some or all of the purchase price of Complera in the Specified States for consumption by their members, employees, insureds, participants, or beneficiaries, other than for resale, during the period February 1, 2018 through September 27, 2022.
Excluded from the Truvada, Atripla, and Complera Classes are: (a) Defendants and their officers, directors, management, employees, subsidiaries, or affiliates; (b) All federal and state government entities, except for cities, towns, municipalities, or counties with self-funded prescription drug plans; (c) Fully insured health plans, i.e., plans for which the insurer bears 100% of the risk for the reimbursement obligations to members; and (d) Pharmacy Benefit Managers.
Injunctive Classes
:
The Evotaz Injunctive Class: All persons or entities in the United States who indirectly purchased, paid, and/or provided reimbursement for some or all of the purchase price of Evotaz for consumption by themselves, their families, or their members, employees, insureds, participants, or beneficiaries, other than for resale, during the period May 14, 2015 through September 27, 2022;
The Prezcobix Injunctive Class: All persons or entities in the United States who indirectly purchased, paid, and/or provided reimbursement for some or all of the purchase price of Prezcobix for consumption by themselves, their families, or their members, employees, insureds, participants, or beneficiaries, other than for resale, during the period May 14, 2015 through September 27, 2022; and
The cART Foundation Drug Injunctive Class: All persons or entities in the United States who indirectly purchased, paid, and/or provided reimbursement for some or all of the purchase price of a cART Foundation Drug2 for consumption by themselves, their families, or their members, employees, insureds, participants, or beneficiaries, other than for resale, during the period May 14, 2015 through September 27, 2022.
Excluded from each of the Injunctive Classes are: (a) Defendants and their officers, directors, management, employees, subsidiaries, or affiliates; (b) All federal and state government entities, except for cities, towns, municipalities, or counties with self-funded prescription drug plans; (c) Fully insured health plans, i.e., plans for which the insurer bears 100% of the risk for the reimbursement obligations to members; (d) Pharmacy Benefit Managers; and (e) The Judges in this case and any members of their immediate families.
Additionally, excluded from the cART Foundation Drug Injunctive Class are natural persons who have filed a claim for personal injury against any of the Defendants or Bristol-Myers Squibb Company or E. R. Squibb & Sons, L.L.C., alleged to be caused by the consumption of a tenofovir-containing product.
YOUR RIGHTS AND OPTIONS
Your options depend on whether you are a member of one of the Damages Classes or a member of one of the Injunctive Classes. If you are a member of one of the Damages Classes, you have the right to exclude yourself from (to opt out of) the Damages Classes no later than
March 15, 2023. Details on how to request exclusion can be found at www.HIVDrugLitigation.com. If you do nothing, you will remain a member of the class(es) and be bound by the outcome of this lawsuit, whether by a settlement or by a judgment rendered for or against the Defendants. If you are a member of one of the Injunctive Classes, you cannot exclude yourself from the Class.
The deadlines contained in this notice may be amended by Court Order, so check the website for any updates. A trial is scheduled for March 27, 2023 and any updates will be provided on the website.
FOR MORE INFORMATION AND A CLAIM FORM
Visit www.HIVDrugLitigation.com Call 1-877-388-1751
Source:
Hagens Berman Sobol Shapiro LLP, Hilliard & Shadowen LLP, and Durie Tangri LLP
1 The "Specified States" for each of the Damages Classes are: Alabama, Arizona, California, Connecticut, Florida, Hawaii, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin, and the District of Columbia.
2 For the purposes of this class definition a cART Foundation Drug is any of one or more of: Atripla, Biktarvy, Complera, Descovy, Genvoya, Odefsey, Stribild, Symtuza, Truvada, and Viread.
SOURCE Hagens Berman Sobol Shapiro LLP, Hilliard & Shadowen LLP, and Durie Tangri LLP
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