Did Big Pharma conspire to keep your Nuvigil prices artificially high?
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Keller Rohrback is seeking plaintiffs in its lawsuit against the drug manufacturer Teva over the price of its drug Nuvigil. Nuvigil is a critical medication used to reduce extreme sleepiness caused by narcolepsy, sleep apnea, shift-work disorder, and other sleep-related conditions. Hospital workers, truck drivers, and fire fighters, among others, rely on being able to have affordable access to drugs like Nuvigil to keep them awake and to keep the public safe. However, a month’s supply of Nuvigil currently ranges from $389-$1,151, depending on dosage.
Why are lawsuits being filed?
On December 2, 2022, Keller Rohrback L.L.P. and its co-counsel filed a class action complaint alleging that Teva Pharmaceuticals Industries, Ltd. and its subsidiaries, among others, participated in a scheme to improperly block access to two different pharmaceutical products: the generic version of the EpiPen, a life-saving drug/device combination for the treatment of severe allergic reactions, and Nuvigil. Plaintiffs allege that Teva signed secret deals with other pharmaceutical manufacturers to exchange market access for EpiPen and Nuvigil. Plaintiffs allege these deals allowed both sides to protect their respective market shares by delaying entry of generic competition for their respective branded drugs for several years longer than legally allowed. As a result of this conspiracy, Plaintiffs allege, Teva enriched itself at the expense of American health plan payors and consumers who overpaid by hundreds of millions of dollars—if not billions—for these medications.
The action is pending in U.S. District Court for the District of Kansas. On March 24, 2024, the Court denied the defendants’ motion to dismiss, allowing most of the plaintiffs’ claims to proceed.
A previous action concerning the pricing, sales practices, and marketing of the EpiPen has already resulted in settlements totaling $609 million against different defendants. See In re EpiPen Marketing, Sales Practices, & Antitrust Litigation, 17-md-2785 (D. Kan.). That settlement, however, addressed only the EpiPen and only certain companies’ roles in the pay-for-delay scheme. Our new case addresses the other participant in the scheme, Teva, and the other side of the exchange: Nuvigil.
What can you do about it?
If you, your organization, or someone you know has purchased Nuvigil, you may have overpaid. Contact us today to discuss your potential claims. Call 800-776-6044; email [email protected]; or use the contact form on this page.
What will it cost me?
We offer our legal services on a contingency basis. A contingency fee arrangement means that a lawyer is only paid if the case is won or settled. Thus, their fees depend on achieving a favorable outcome for the client.
How do I know if I qualify for a class action lawsuit?
If you’ve purchased Nuvigil, you may qualify. Contact us today to learn more.
How long do I have to file a claim?
Statutes of limitations, or legal deadlines, vary state by state and determine how long you have to file a claim. Acting promptly is essential to safeguard your legal rights. Please reach out to us immediately to avoid missing important deadlines.
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About Keller Rohrback L.L.P.
Keller Rohrback’s Complex Litigation Group has a national reputation as the go-to plaintiffs’ firm for large-scale, complex individual and class action cases. We represent public and private investors, businesses, governments and individuals in a wide range of actions, including securities fraud, fiduciary breach, antitrust, insurance coverage, whistleblower, environmental and product liability cases. Founded in 1919, Keller Rohrback has eight offices across the country in Seattle, Portland, Oakland, Santa Barbara, Phoenix, Denver, Missoula, and New York. Over the past century, our firm has built a distinguished reputation by providing top-notch representation.
Keller Rohrback has won verdicts in state and federal courts throughout the nation and has obtained judgments and settlements on behalf of clients in excess of $94 billion.
Attorney Advertising. Prior results do not guarantee a similar outcome. Not licensed to practice law in all states. Please refer to krcomplexlit.com for details.
