Donna M. Evans is of counsel at Cohen Milstein and a member of the Antitrust practice. An accomplished trial attorney, her legal career spans more than 35 years and includes many years as a litigation partner with global firms. She has tried numerous cases to verdict, including obtaining, as part of a trial team, one of the then-largest plaintiff jury verdicts in Massachusetts Superior Court.
Donna’s experience includes pharmaceutical litigation in which she has represented plaintiffs in antitrust class actions; prescription drug manufacturers; biomedical device companies and inventors; private medical consulting services; and global pharmaceutical companies. For more than a decade, Donna has focused on cutting-edge pay-for-delay pharmaceutical antitrust litigation, which addresses collusive, non-competition agreements between brand and generic drug manufacturers to delay entry of lower-priced generic drug products.
Donna was part of the trial team in In re Nexium Antitrust Litigation, the first pharmaceutical antitrust case to go to trial following the Supreme Court’s landmark decision in FTC v. Actavis in 2013. She is also involved in the litigation of generic drug price-fixing cases, which come on the heels of a government investigation led by the U.S. Department of Justice alleging similar conduct, which, while ongoing, has already resulted in indictments and guilty pleas.
Donna currently serves as a member of Cohen Milstein’s Professional Development Mentoring Committee and co-led the firm’s new associate training (“NAT”) programs in 2017, 2019 and 2021, and continues to present NAT training modules. She has also served as a mentor to incoming law fellows at Cohen Milstein.
Throughout her career, Donna has been deeply involved in the issue of equality. She served on the Honorable U.S. District Court Judge Nancy Gertner’s Equality Commission; the Commonwealth Institute’s Corporate Board of advisors, counseling women-owned businesses; and the Boston Bar Association’s Diversity and Attorney Attrition Standing Committee and its Task Force on Professional Challenges and Family Needs. Donna participated in writing a ground-breaking Boston Bar Association report addressing the costs of attorney attrition, “Facing the Grail: Confronting the Cost of Work-Family Imbalance,” and in implementing the report’s recommendations in Boston law firms.
During law school, Donna served as a note and comment editor on the board of the North Carolina Law Review and interned with the Criminal Division of the U.S. Attorney’s Office for the District of Massachusetts. She has written on topics including the federal mail fraud statute and construction pay-when-paid contract clauses, and authored a chapter in “Inside the Minds,” addressing best practices in client relationships.
- Member, Boston Bar Association
- Member, Women’s Bar Association, Senior Practice Group, Boston
- Member, Professional Development and Mentoring Committee, Cohen Milstein Sellers & Toll, PLLC
Past Affiliations:
- Attorney Attrition Standing Committee, Boston Bar Association
- Task Force on Professional Challenges and Family Needs, Boston Bar Association
- Member, Honorable U.S. District Court Judge Nancy Gertner’s Equality Commission
- Board of Directors, Greater Boston Legal Services
- Corporate Board of Advisers, The Commonwealth Institute
- Amici Curiae Counsel for Law Enforcement Officers (U.S. Crt. of Appeals, First Circ.)
- Pro bono work in the area of affordable housing
- Honorable U.S. District Court Judge Nancy Gertner’s Equality Commission
- Instructor, Legal Writing, Boston University Law School
- Lecturer in English, University of North Carolina at Chapel Hill
- Visiting Lecturer in English, North Carolina State University
- Massachusetts
- University of North Carolina School of Law, J.D., cum laude
- University of North Carolina at Chapel Hill, M.A.
- University of North Carolina at Chapel Hill, B.A.
- Intern, Criminal Division, U.S. Attorney’s Office, District of Massachusetts
Current Cases
Baltimore v. Actelion Pharmaceuticals LTD
Baltimore v. Actelion Pharmaceuticals LTD (D. Md.): On January 25, 2019, Cohen Milstein and co-counsel filed a consolidated antitrust class action on behalf of purchasers against Actelion Pharmaceuticals LTD, manufacturer of the brand prescription drug bosentan, marketed as Tracleer. The complaint alleges a monopolistic scheme to prevent generic manufacturers from developing a generic version of the drug in order for Actelion to prolong its monopoly over the drug well past the time period it was lawfully entitled to.
Blue Cross and Blue Shield of Louisiana, HMO Louisiana, Inc. et al. v. Janssen Biotech, Inc. et al.
Blue Cross and Blue Shield of Louisiana, HMO Louisiana, Inc. et al. v. Janssen Biotech, Inc. et a (N.D.J.): Cohen Milstein represents the City of Baltimore in this antitrust class action against Janssen Biotech, Inc., Janssen Oncology, Inc., Janssen Research & Development LLC (collectively, “Janssen”) and BTG International Limited (“BTG”), a global healthcare company. Plaintiffs allege that the defendants engaged in anticompetitive conduct preventing generic manufacturers from entering the market with competing abiraterone acetate products for more than year, delayed the entry of additional generic competitors, and has cost purchasers hundreds of millions of dollars in overcharge damages.
In re Actos End Payor Antitrust Litigation
In re Actos Antitrust Litigation (S.D.N.Y.): Cohen Milstein represents End-Payor Plaintiffs in this antitrust action, alleging that Defendant Takeda engaged in anticompetitive conduct related to the listing of certain patents in the FDA’s Orange Book thereby resulting in unlawful delays to the market entry of generic versions of Takeda’s diabetes drug, Actos.
In re Bystolic Antitrust Litigation
In re Bystolic Antitrust Litigation (S.D.N.Y.): Plaintiffs allege that Forest Laboratories Inc., now a part of AbbVie, engaged in an illegal scheme with pharmaceutical generic manufacturers not to make generic versions of Bystolic®, a hypertension prescription medication containing the active pharmaceutical ingredient nebivolol hydrochloride.
In re Lipitor Antitrust Litigation
In re Lipitor Antitrust Litigation (D.N.J.): Plaintiffs allege that Pfizer, the manufacturer of the cholesterol drug Lipitor, the best-selling drug in pharmaceutical history, conspired with Ranbaxy, the generic manufacturer, to delay its introduction of a generic Lipitor product. On August 21, 2017, the Third Circuit handed a sweeping victory to Plaintiffs, reviving their antitrust claims.
In re Seroquel XR Antitrust Litigation
In re Seroquel XR Antitrust Litigation (D. Del.): Plaintiffs allege that Defendant AstraZeneca Pharmaceuticals LP struck deals with generic drug manufacturers Handa Pharmaceuticals LLC, Par Pharmaceutical Inc. and Accord Pharmaceuticals Inc., inducing the generics to delay launching generic versions of Seroquel XR, AstraZeneca's prescription drug treatment for schizophrenia, bipolar disorder and depression, for five years in exchange for AstraZeneca committing to delay the launch of its own authorized generic.
Past Cases
In re Lidoderm Antitrust Litigation
In re Lidoderm Antitrust Litigation (N.D. Cal.): Cohen Milstein served as Co-Lead Counsel for the End-Payor Class in a suit alleging that Endo and Teikoku, manufacturers of the Lidoderm patch, paid Watson Pharmaceuticals to delay its generic launch. The case settled on the eve of trial and on September 20, 2018, Plaintiffs obtained final approval of a $104.75 million settlement – more than 40% of Plaintiffs’ best-case damages estimate.
In re Loestrin 24 FE Antitrust Litigation
In re Loestrin 24 FE Antitrust Litigation (D.R.I.): We served as Co-Lead Counsel for the End-Payor Plaintiffs in a case alleging that Warner Chilcott PLC entered into agreements to delay the introduction of a generic version of the contraceptive drug Loestrin and thereafter engaged in a “product hop” to further impede generic entry. The case settled on the last business day before trial for $63.5 million – representing one of the largest settlements in a federal generic suppression case in over a decade. On September 1, 2020, the settlements received final approval.
In re Ranbaxy Generic Drug Application Antitrust Litigation
In re Ranbaxy Generic Drug Application Antitrust Litigation (D. Mass.): We represent the Direct Purchaser Class in this antitrust, federal RICO, and state consumer protection MDL, alleging Ranbaxy manipulated the U.S. Food and Drug Administration’s generic drug approval process to block competitors from coming to market and forcing purchasers to pay supracompetitive prices for its valganciclovir hydrochloride and valsartan products. On the eve of trial, Ranbaxy settled with the Direct Purchaser Class for $340 million.
In re Solodyn Antitrust Litigation
In re Solodyn Antitrust Litigation (D. Mass.): We served as a member of the executive committee and Ms. Robertson played a significant role in coordinating discovery on behalf of the End-Payor Plaintiffs. The case, which settled mid-trial, resulted in a $43 million recovery for the Class.
Amicus Briefs
Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al.
Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al. (D. Mass.): On March 21, 2023, Cohen Milstein filed an amicus curiae brief on behalf of senior law enforcement officers in support of the United States of Mexico, plaintiff-appellant, before the United States Court of Appeals for the First Circuit. Amici argue for the reversal of the district court’s grant of defendants’ motion to dismiss in Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al., Case No. 1:21-CV-11269-FDS, United States District Court for the District of Massachusetts.
- Lawdragon 500 Leading Plaintiff Financial Lawyers List (2019-2021)
- Massachusetts Super Lawyer
June 21, 2023
FTC Urges 2nd Circ. to Revive Bystolic Antitrust Case
The Federal Trade Commission urged the Second Circuit to revive claims from Bystolic buyers alleging that an AbbVie predecessor struck deals with several generic makers to delay competition for its hypertension treatment, saying the deals may violate antitrust law. The commission filed an amicus brief on Tuesday backing an appeal in the case from wholesalers, […]
In the News | Law360
February 2, 2023
Cohen Milstein Announces Expansion into Boston and Minneapolis
FOR IMMEDIATE RELEASE: Media Contact: cohenmilstein@berlinrosen.com WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC, one of the nation’s leading plaintiffs’ law firms, has announced its expansion into Massachusetts and Minnesota with the opening of offices in Boston and Minneapolis. This expansion allows the firm to further serve client needs across practices and act as […]
Press Releases | Cohen Milstein
September 7, 2022
Merck, Glenmark Antitrust MDL Must Go to Jury, Judge Says
A Virginia magistrate judge has recommended denying Merck and Glenmark’s bids to end antitrust multidistrict litigation accusing the drugmakers of conspiring to delay generic competition for the branded cholesterol medication Zetia, finding there are numerous material factual disputes that should go to a jury. In a 74-page report filed Friday, U.S. Magistrate Judge Douglas E. […]
In the News | Law360
April 29, 2022
Ranbaxy Buyers’ $485M Deal in Generics MDL Gets Initial Nod
Ranbaxy Pharmaceuticals drug purchasers nabbed initial approval of a $485 million global settlement struck in March over claims the drugmaker manipulated the U.S. Food and Drug Administration’s generic-drug approval process to box out competitors. U.S. District Court Judge Nathanial M. Gorton preliminary approved the two deals on Thursday in Massachusetts federal court and signed off […]
In the News | Law360
November 23, 2021
Ranbaxy Can’t Shake MDL Antitrust Claims as Trial Nears
Ranbaxy Pharmaceuticals Inc. didn’t need to ever sell a dose of a drug to have wielded monopoly power over it, a Boston federal judge ruled Monday, rejecting the company’s bid for an early win on antitrust claims in the multidistrict suit. . . . The antitrust suit, set for a Jan. 10 trial, alleges that […]
In the News | Law360
May 14, 2021
Buyers Win Cert. in Ranbaxy Generic-Drug Antitrust Case
A Massachusetts federal court on Friday certified classes for two groups of buyers accusing Ranbaxy Pharmaceuticals of delaying generic versions of three different drugs by manipulating the regulatory approval system. U.S. District Judge Nathaniel M. Gorton issued an order granting class certification requests from direct purchasers, including drug wholesalers, and from end-payors, such as health […]
In the News | Law360
April 13, 2021
4th Circ. Revives Antitrust Suit Over Actelion’s Drug Tracleer
The Fourth Circuit on Tuesday revived Baltimore’s antitrust suit accusing Actelion Pharmaceuticals of illegally pumping up the price of its drug Tracleer after the patent expired, reversing a decision that the case was time-barred and finding that it was filed within the statute of limitations. A three-judge panel vacated a lower court’s dismissal order and […]
In the News | Law360
November 13, 2020
3 Firms Score End-Payor Co-Lead Role in Seroquel XR Cases
A Delaware federal judge on Friday tapped three firms — Grant & Eisenhofer PA, Cohen Milstein Sellers & Toll PLLC and Shepherd Finkelman Miller & Shah LLP — to lead the proposed end-payor class accusing AstraZeneca of paying off generic-drug makers to protect its brand antipsychotic drug Seroquel XR. U.S. District Judge Colm F. Connolly […]
In the News | Law360
November 2, 2020
“AbbVie Wants Hypertension Drug Antitrust Row Sent to NJ,” Law360
AbbVie Inc. and other pharmaceutical companies told a New York federal court Friday that lawsuits alleging they paid off competitors to delay generic competition for blood pressure drug Bystolic should be moved to New Jersey, the nation’s “pharmaceutical epicenter,” where most of the defendants and witnesses are based. In a brief seeking a transfer of […]
In the News
September 2, 2020
$184M Settlements OK’d in Loestrin Buyers’ Antitrust Row
A Rhode Island federal judge has given the final green light to deals totaling about $183.5 million to settle allegations that Lupin and a pair of Allergan units worked to sideline generic alternatives of the birth control drug Loestrin. On Tuesday, U.S. District Judge William E. Smith granted final approval to a trio of settlements […]
In the News | Law360
August 19, 2020
Actavis Inks Settlement in ADHD Drug Antitrust Suit
Pharmaceutical company Actavis told a Massachusetts federal court Wednesday that it had reached a settlement with the direct purchaser class in a lawsuit that accused the company, along with fellow pharma company Shire, of conspiring to delay sales of a generic version of the attention deficit hyperactivity disorder medication Intuniv. In a letter, Christopher T. […]
In the News | Law360
January 7, 2020
Allergan Settles Pay-for-Delay Lawsuit for $300M
Allergan agreed to pay $300 million to settle a lawsuit claiming two of its subsidiaries, Warner Chilcott and Watson Pharmaceuticals, partnered in a pay-for-delay deal that violated antitrust laws, the drugmaker said Jan. 6. The lawsuit, filed in 2013, claimed Warner Chilcott entered into agreements with Watson and generic drugmaker Lupin Pharmaceuticals to delay a generic version […]
In the News | Becker’s Hospital Review
November 27, 2017
“Pfizer Wants Justices to Review Lipitor Antitrust Ruling,” Law360
Pfizer Inc. and generic-drug maker Ranbaxy Inc. have asked the U.S. Supreme Court to review a decision by the Third Circuit to revive allegations in multidistrict litigation accusing Pfizer of making an illegal reverse payment to keep Ranbaxy’s generic version of cholesterol drug Lipitor off the market, saying antitrust scrutiny isn’t appropriate for “commonplace” and […]
In the News