MYLAN SETTLEMENT - 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 $73.5 million class action settlement.

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 alleging that Mylan N.V., Mylan Pharmaceuticals Inc., and Mylan Specialty L.P. (together, “Mylan”) entered into an improper market allocation agreement with Pfizer, Inc., King Pharmaceuticals, Inc. (n/k/a King Pharmaceuticals LLC) and Meridian Medical Technologies, Inc. (collectively, “Pfizer”) and Teva Pharmaceuticals USA, Inc. (“Teva”) that delayed the launch of generic EpiPen and extended Mylan’s and Pfizer’s alleged monopoly over the epinephrine autoinjector market. Under the settlement, Mylan agreed to pay $73,500,000 into a settlement fund (“Settlement Fund”) for the Direct Purchaser Settlement Class. Mylan strongly denies that it violated any laws and contends that that its actions enhanced competition and did not cause Class Members any injury.

• The Court has not decided who is right.

• The Class claims against Pfizer were resolved by an earlier settlement. The Court granted final approval of that settlement on July 9, 2024. The separate Settlement that is the subject of this Notice is only with Mylan and resolves only the claims against Mylan.

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. 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 May, 29, 2025.

If you already submitted a Claim Form during the settlement with Pfizer in this case, you do not need to do anything further. Class Members that already submitted a valid Claim Form in connection with the Pfizer Settlement will automatically be included as a member of the settlement with Mylan using the Claim Form already submitted and given the opportunity to submit supplemental information, if desired.
OBJECT You may write to the Court about why you do not like the Settlement. The objection deadline is April 11, 2025.

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 May, 29, 2025 at 1:30 p.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. If you exclude yourself, you will not receive any payment and will not be bound by the releases contained in the Settlement. The exclusion deadline is April 11, 2025.
DO NOTHING If you already submitted a claim in the Pfizer Settlement in this lawsuit and do not wish to submit supplemental information, you do not need to do anything to receive a payment from the Mylan Settlement.

If you HAVE NOT previously submitted a claim, you will not receive any payment. You will, however, still 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 entered the Preliminary Approval Order, February 6, 2025.

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 the Released Claims as defined in the Settlement Agreement. A summary of those Released Claims is included below.

In exchange for Mylan’s agreement to pay $73,500,000 into a Settlement Fund, Plaintiffs will ask the Court to dismiss the Lawsuit against Mylan with prejudice. The Class Members will release all claims alleged against Mylan in the Lawsuit that were alleged or could have reasonably been alleged and/or concerning the purchase, sale, marketing, or distribution of EpiPen, Nuvigil and/or their generic equivalents and arising under the Sherman Act, 15 U.S.C. §§ 1 & 2, et seq., any state or federal RICO statutes, or any other federal or state statute or common law doctrine relating to antitrust, fraud, unfair competition, unjust enrichment, or consumer protection.

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 May 29, 2025. If you already submitted a Claim Form in the Pfizer Settlement, you do not have to do anything further. However, you may submit supplemental data to support your claim if you wish.

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 May 9, 2025, at 1:30 p.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 643, for the purpose of determining whether (1) the Settlement as set forth in the Settlement Agreement for $73,500,000 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; and (4) 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-Mylan 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.