Statement on the Massachusetts Jury Verdict

Lowey Dannenberg is pleased to announce that on May 18, 2026, after a five-week trial, a nine-member federal court jury in Boston, Massachusetts, awarded a verdict of $63.2 million in damages to the certified class of end-payor purchasers, led by class representative Premera Blue Cross. The class is comprised of third-party payors who indirectly purchased Amitiza and/or AB-rated generic versions of Amitiza (lubiprostone) in 14 states and the District of Columbia from October 1, 2016 through March 31, 2024.

Lowey Dannenberg partner Uriel Rabinovitz, lead counsel for End-Payor class, said, “We thank the jury for their dedicated service over these last five weeks and for finding in favor of our client Premera Blue Cross and the End-Payor class. Lowey Dannenberg is very pleased to have achieved this result for our client and the class after years of hard fought litigation.”

Mr. Rabinovitz said, “After a five week trial, the jury found the defendants violated state antitrust and consumer protection laws by engaging in an anticompetitive scheme to delay generic competition.”

This is the first plaintiff’s verdict in an end-payor generic drug antitrust case. Mr. Rabinovitz continued, “Lowey Dannenberg is very proud to have achieved this landmark result for our clients and the End-Payor class.”

Premera and the End-Payor class is represented by Lowey Dannenberg partners Peter D. St. Phillip, Uriel Rabinovitz, Renee Nolan, and senior associate Thomas Griffith.

The case is In re Amitiza Antitrust Litigation, No. 21-cv-11057 (D. Mass.).