Group I: 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 insureds, plan participants, employees, or beneficiaries, at any time between August 24, 2011, and November 1, 2020.
and/or
Group II: 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 insureds, plan participants, employees, or beneficiaries.
Excluded from the Settlement:
- Defendants and their officers, directors, management, employees, subsidiaries, and affiliates
- Government entities, other than government-funded employee benefit plans Fully insured health plans (i.e., plans that purchased insurance that covered 100% of the plan’s reimbursement obligations to its members)
- “Single flat co-pay” consumers who purchased EpiPens or generic EpiPens only via a fixed dollar co-payment that is the same for all covered devices, whether branded or generic (e.g., $20 for all branded and generic devices)
- Consumers who purchased or received EpiPens or authorized generic equivalents only through a Medicaid program All persons or entities who purchased branded or generic EpiPens directly from defendants
- The judges in this case and members of their immediate families All third-party payors who own or otherwise function as a Pharmacy Benefit Manager or control an entity who functions as a Pharmacy Benefit Manager Individual consumers whose only purchases of an EpiPen occurred before March 13, 2014 (the Generic Start Date)
