MADISON — Wisconsin residents who purchased certain generic prescription drugs between 2009 and 2019 could be eligible for compensation under a series of pharmaceutical price-fixing settlements totaling more than $96.5 million.
The Wisconsin Department of Justice announced Wednesday that a federal court has granted preliminary approval of a plan to distribute settlement funds to consumers who may have paid artificially inflated prices for prescription medications.
Wisconsin joined 47 other states and territories in reaching settlements with six pharmaceutical companies accused of illegally conspiring to raise generic drug prices.
“Wisconsinites shouldn’t have to pay more for prescription drugs because prices were improperly manipulated,” Attorney General Josh Kaul said. “I encourage folks to find out if they’re eligible for compensation from these settlements with generic drug companies and, if they are eligible, to submit a claim.”
The settlements involve drug manufacturers Glenmark, Lannett, Bausch, Apotex, Heritage and Heritage’s parent company, Emcure. The distribution plan is intended to return millions of dollars to consumers potentially harmed by the alleged price-fixing.
How to check your eligibility
Consumers who purchased certain generic drugs between May 2009 and December 2019 may qualify for compensation.
The state is encouraging residents to review the list of eligible medications and submit a claim if they believe they qualify.
Consumers can check their eligibility and find information about filing a claim through the AG Generic Drugs Settlement website at www.aggenericdrugs.com.
They can also contact the settlement administrator by calling 1-866-290-0182 or emailing [email protected].
The amount of individual compensation will depend on the approved distribution plan and applicable eligibility requirements.
Years of investigation into alleged price-fixing
Wisconsin’s participation in the settlements follows a series of multistate antitrust investigations that began in 2016.
The first lawsuit named Heritage Pharmaceuticals and 17 other companies, along with two individuals, and involved allegations concerning 15 generic medications.
A second lawsuit, filed in 2019, targeted Teva Pharmaceuticals and 21 other major generic drug manufacturers. A third case focuses on 80 topical generic medications that collectively account for billions of dollars in U.S. sales.
According to the Wisconsin DOJ, investigators assembled more than 20 million documents and millions of telephone records while examining allegations that pharmaceutical executives coordinated pricing and discouraged competition.
The lawsuits describe an alleged network of competing executives who exchanged information through phone calls, emails and text messages and met at industry dinners, golf outings and other social gatherings.
Investigators allege the executives used phrases such as “fair share,” “playing nice in the sandbox” and “responsible competitor” to describe arrangements intended to limit competition and increase prices.
Several former pharmaceutical executives have entered settlement agreements and are cooperating with investigators.
The latest court action grants preliminary approval to the proposed distribution of settlement funds. Consumers who believe they may have overpaid for eligible medications are encouraged to review the settlement website for additional information and instructions on submitting a claim.
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