EPIPEN – DIRECT PURCHASER ACTION

This official website is maintained by the Settlement Administrator under the supervision of Co-Lead Counsel for the members of the Settlement Class in KPH Healthcare Services, Inc. v. Mylan N.V., Case No. 2:20-cv-02065-DDC-TJJ (the “Lawsuit” or “Action”), which is pending in the United States District Court for the District of Kansas.


If you purchased EpiPen® or generic EpiPen directly from the manufacturer, you may receive a
payment from a $50 million class action settlement with Pfizer.

If you are a member of the Direct Purchaser Settlement Class, your legal rights will be affected whether you act or don’t act. Please read the Notice and/or Settlement Agreement carefully.

The information on this website is only a summary of the terms of the Settlement.

• A proposed settlement (“Settlement”) has been reached in a class action lawsuit with Pfizer, Inc., King Pharmaceuticals, Inc. (n/k/a King Pharmaceuticals LLC), and Meridian Medical Technologies, Inc. (collectively, “Pfizer”). Under the settlement, Pfizer agreed to pay $50,000,000 into a settlement fund (“Settlement Fund”) for the Direct Purchaser Settlement Class. The settlement is only with Pfizer and resolves only the claims against Pfizer.

• The Court has not decided who is right.

• The lawsuit alleges that Defendants Mylan, N.V., Mylan Pharmaceuticals, Inc., and Mylan Specialty, LP (collectively, “Mylan”), and Pfizer entered into an illegal market allocation agreement with Teva Pharmaceuticals USA, Inc. (“Teva”) that substantially delayed the launch of generic EpiPen and unlawfully extended Pfizer’s and Mylan’s monopoly over the epinephrine autoinjector market. The settlement does not resolve claims against Mylan, and the lawsuit against Mylan will continue until it is resolved.

Your legal rights are affected whether you act or don’t act. Please read carefully.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM. If you are a member of the Class, you may file a claim by submitting a claim form here or by mail. This is the only way to receive a payment. The deadline to postmark or submit your claim online is July 24, 2024.
OBJECT You may write to the Court about why you do not like the Settlement. The objection deadline is May 28, 2024.

Additionally, you may ask to go to the Final Approval Hearing and speak in Court about the fairness of the Settlement. The Final Approval Hearing is scheduled for June 25, 2024 at 9:00 a.m. CT at the United States District Court for the District of Kansas, 500 State Avenue, Courtroom 476, Kansas City, KS 66101.

If you object to the Settlement, you are still a member of the Class and you must file a claim to receive a payment.
OPT OUT You may write to the Settlement Administrator and exclude yourself from the Class. Exclusion allows you to file your own lawsuit. You will not receive any payment and will not be bound by the releases contained in the Settlement if you exclude yourself. The exclusion deadline is May 28, 2024.
DO NOTHING If you do nothing, you will not receive any payment. You will be bound by the releases contained in the Settlement and will not be able to file or continue to pursue your own lawsuit.
Class Definition—You May Be Part of the Class

You are part of the Direct Purchaser Class if you are a person or entity in the United States or its territories, possessions, and the Commonwealth of Puerto Rico that purchased EpiPen or generic EpiPen directly from Mylan or Teva, for resale, at any time during the period from March 13, 2014, until the date on which the Court enters the Preliminary Approval Order, April 3, 2024.

The Settlement Benefits

If the Settlement is approved by the Court, the Court will enter a Judgment. If the Judgment becomes Final pursuant to the terms of the Settlement Agreement, all Class Members shall be deemed to have, and by operation of the Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged all of the Released Claims as defined in the Settlement Agreement.

In exchange for Pfizer’s agreement to pay $50,000,000 into a Settlement Fund, Plaintiffs will ask the Court to dismiss the Action against Pfizer with prejudice and will withdraw and release Pfizer from pending discovery requests in the Action and will not seek future discovery from Pfizer. The Class Members will release all claims alleged against Pfizer in the Action (or arising out of substantially the same subject matter) (1) that were alleged or could have reasonably been alleged, (2) that concern purchases of EpiPen and/or its generic equivalents and arise under laws relating to antitrust, fraud, unfair competition, unjust enrichment, or consumer protection, and (3) that concern the sale, marketing, or distribution of EpiPen or generic EpiPen.

The Class Members do not release any claims asserted against or that could be asserted against Mylan and/or Viatris, Inc.

How to Get a Payment

To retain your right to seek a payment from this Settlement, you must submit a claim form on or before July 24, 2024. If you have been identified as a Class Member based on available records, you will receive a blank claim form. If you believe you are a Class Member, but you do not receive such a claim form, you can obtain one here.

The Settlement Hearing

The Court will hold a Fairness Hearing on June 25, 2024, at 9:00 a.m. Central Time, before the Honorable Daniel D. Crabtree, United States District Court for the District of Kansas, 500 State Avenue, Kansas City, KS 66101, Courtroom 476, for the purpose of determining whether (1) the Settlement as set forth in the Settlement Agreement for $50,000,000 in cash should be approved by the Court as fair, reasonable, and adequate; (2) the Judgment as provided under the Settlement Agreement should be entered; (3) to award Class Counsel attorneys’ fees and expenses out of the Settlement Fund and, if so, in what amount; (4) to award Plaintiffs service awards in connection with their representation of the Class out of the Settlement Fund and, if so, in what amount; and (5) the Plan of Allocation should be approved by the Court. The Court may adjourn or continue the Fairness Hearing without further notice to members of the Class.

Further Information

This website and the Notice summarize the Settlement. In the event of any inconsistency between the notice and the terms of the Settlement, the terms of the Settlement Agreement will control. For more details regarding this Settlement, please reference the Settlement Agreement and/or other documents filed in the case under the “Court Documents” link above. You may also contact the Settlement Administrator for further information regarding this Settlement.

Settlement Administrator:
EpiPen Direct Purchaser-Pfizer Settlement
c/o A.B. Data, Ltd.
P.O. Box 173113
Milwaukee, WI 53217
866-778-6568
info@EpiPenDPPSettlement.com

If you have questions, you may call the EpiPen Direct Purchaser-Pfizer Settlement Helpline at 866-778-6568 or email info@EpiPenDPPSettlement.com.