Metformin Litigation

Did You Purchase, Pay for, or Provide Reimbursement for a Drug that Contained Metformin?

You Could Get Money from $5.55 Million in Settlements.

 

There are Settlements in a class action lawsuit with Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.; Actavis Pharma, Inc.; and Actavis LLC (“Teva”) and Granules USA, Inc., and Granules Pharmaceuticals, Inc. (“Granules”) and Heritage Pharmaceuticals, Inc. (doing business as Avet Pharmaceuticals Inc.) (“Heritage”). 

The lawsuit claims that Defendants falsely advertised their generic drugs containing metformin as being the same or equivalent to Glucophage and/or Glucophage XR, but they were actually contaminated with N-nitrosodimethylamine (“NDMA”) and did not meet the U.S. Food and Drug Administration (“FDA”) standards for metformin. It says as a result, people and businesses paid for drugs they would not have. Teva, Granules, and Heritage (the “Settling Defendants”) deny that they did anything wrong. This lawsuit does not include personal injury or wrongful death claims.

Teva has agreed to a $3 million Settlement and Granules and Heritage have agreed to a $2.55 million Settlement to resolve the claims against them in this lawsuit. The lawsuit is continuing against the non-Settling Defendants.

Who is included in the Settlements?
You may be included in the Settlements if you paid any amount of money for a metformin-containing drug (intended for personal or household use) that was manufactured, distributed, or sold by any Settling Defendant from July 20, 2015 through June 2, 2020. If you are a third-party payor, “purchased” means you paid or reimbursed some or all of the purchase price for a metformin-containing drug. 

The Settlements do not include:
•    Settling Defendants (Teva, Granules, and Heritage) and their subsidiaries and affiliates;
•    Federal governmental entities;
•    State and local governmental entities that can only make claims under applicable state law only by the state Attorney General or are otherwise prohibited by applicable law from being asserted by private counsel on a contingent fee basis;
•    Anyone who purchased metformin-containing drugs for resale;
•    Anyone who purchased metformin-containing drugs directly from Settling Defendants or their affiliates;
•    Fully insured health plans (i.e., plans that purchased insurance from another third-party payor that covered 100% of the plan’s reimbursement obligation for its members);
•    Pharmaceutical benefit managers;
•    The judges in this case and any members of their immediate families; and
•    Anyone that properly excludes themselves from the Class

These rights and options—and the deadlines to exercise them—are explained in the Notice.