Lowey Dannenberg is pleased to announce that on July 8, 2024, seven days before trial was to commence in HCSC v. Indivior Inc., et al., CL20-1474 (lead case), Plaintiffs Aetna, Inc. Blue Cross Blue Shield of Massachusetts, Inc., Health Care Service Corp., Blue Cross Blue Shield of Florida, Inc., and Molina Healthcare, Inc., settled all their Suboxone-related fraud and antitrust claims with Defendants Indivior Inc. and Indivior Solutions Inc. for $85 million.
Plaintiffs, who opted out of an End-Payor class in the In re Suboxone MDL, filed suit in the Fall of 2020 in Circuit Court of Virginia, Roanoke County, alleging Indivior, manufacturer of Suboxone, an opioid treatment medication, engaged in a fraudulent and anticompetitive “product hop” scheme designed to prevent generic competition by converting the market from Suboxone tablets to Suboxone film. After prevailing in a week-long statute of limitations jury trial against Indivior in the Fall of 2023, the case was scheduled to proceed to a 5-week trial beginning on July 15, 2024. The $85 million settlement is one of the highest “opt out” pharmaceutical drug recovery settlements on record. Lowey Dannenberg’s team was led by Peter St. Phillip, Uriel Rabinovitz, Andrew Sacher and Alexis Castillo.