Opana ER Generic Suppression Antitrust Litigation
Court: United States District Court, Northern District of Illinois
IN RE OPANA ER ANTRITRUST LITIGATION, Case No.: MDL No. 2580
Wexler Boley & Elgersma LLP (along with our co-counsel Gustafsen Gluek PLLC and Spector Roseman Kodroff & Willis) filed two class actions against Endo Pharmaceuticals Inc. and Endo Health Solutions Inc. (among others). The complaints seek damages on behalf of end-payors of Opana ER (a painkiller), alleging that the defendants violated antitrust and consumer protection laws. Plaintiffs allege that defendants paid money to a generic manufacturer to delay the start of generic competition for Opana ER, and then used that delay to introduce a new formulation—called Opana ER CRF—as part of an unlawful “product hop” scheme. The complaint alleges that, as a result of defendants’ conduct, market entry of a generic version of Opana ER was delayed for a number of years, forcing the proposed class to pay more for Opana ER than they would have in the absence of defendants’ anticompetitive conduct.