March 21, 2018

Direct purchasers of the Lidoderm pain patch asked for preliminary approval in California federal court Tuesday of pay-for-delay class settlements totaling $166 million reached with branded pharmaceutical makers Teikoku and Endo and generics maker Actavis.

Teikoku Pharma USA Inc. and Teikoku Seiyaku Co. Ltd. will shell out $35 million; Actavis Inc., Watson Laboratories Inc. and Actavis PLC will pay $71 million; and another $60 million will come from Endo Pharmaceuticals Inc. under the settlements proposed Tuesday, which come with no admission of liability and will be paid pro rata based on how much Lidoderm individual class members bought.

Endo last month became the last of the defendants to strike a deal with the remaining plaintiffs. The plaintiffs previously reached settlements with Teikoku and its domestic subsidiary in the last few months. Endo had earlier settled with a handful of big name retailers, including Walgreen Co. and CVS Pharmacy Inc., but had not come to an agreement with a group of direct purchaser plaintiffs and end payor plaintiffs.

“The direct purchaser class plaintiffs believe that the three settlements independently and collectively represent an excellent result for the direct purchaser class. They are each unquestionably financially significant, and will provide immediate cash recovery for class members,” the plaintiffs said Tuesday.

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