April 05, 2018

Impax Laboratories Inc. on Thursday reached a $20 million midtrial settlement with a class of consumers and insurers, ending a suit in Massachusetts federal court that claimed the lab delayed the launch of a generic acne medicine in exchange for a $40 million payment.

The settlement was revealed in court papers Thursday morning, and is the last in a long line of settlements resolving the litigation, which was first consolidated in Massachusetts in 2014. The suit claimed Impax waited three years to launch its generic version of Solodyn after reaching an agreement in 2008 with Medicis Pharmaceutical Corp, the maker of the brand-name drug. Impax did not admit liability, according to the settlement papers, but said the deal was in its best interests to avoid “the uncertainties of litigation.”

Counsel for both parties declined to comment on the accord, which put an end to the trial and sent the 10-person jury home after more than three weeks of testimony in a Boston courthouse.

Earlier this week, Impax reached a settlement with CVS, Walgreens, Rite Aid and several other retailers, cutting them out of the suit. Details and terms of that agreement were not disclosed.

The past settlements in this case include a $35 million deal earlier this month between Impax and direct purchaser class representatives Ahold USA Inc. and Rochester Drug Co-Operative Inc.

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Cohen Milstein is a member of the Plaintiffs' Executive Committee in In re Solodyn Antitrust Litigation.