Case Number: No. 1:14-cv-10150

Practice Area: Antitrust

Case Status: Settled

Settlement Amount: $145 million

Court: United States District Court for the Northern District of Illinois

Berger Montague served as co-lead class counsel and obtained a $145 million settlement in this antitrust pay for delay action on behalf of a certified class of direct purchasers of brand or generic Opana ER 5, 10, 20, 30, and/or 40 mg tablets. The defendants included (a) Endo Health Solutions Inc., Endo Pharmaceuticals Inc., and Penwest Pharmaceuticals Co. (collectively, “Endo”), and (b) Impax Laboratories, Inc. (“Impax”). The case was litigated in the United States District Court for the Northern District of Illinois and captioned In Re: Opana ER Antitrust Litigation, No. 1:14-cv-10150 (N.D. Ill.)

On November 3, 2022, U.S. District Court Judge Harry D. Leinenweber of the Northern District of Illinois granted final approval of the $145 million settlement between defendant Impax and the certified class of direct purchasers of brand and generic Opana ER from Endo and Impax. Led by David F. Sorensen, Andrew Curley, Caitlin G. Coslett, and Richard Schwartz, Berger Montague served as co-lead counsel for the certified class alleging that the defendants entered into a pay for delay agreement whereby Impax delayed the launch of its generic Opana ER product in exchange for valuable consideration from Endo. The plaintiffs alleged that as a result of the pay for delay agreement, the class of direct purchasers suffered overcharge damages.

After eight years of hard-fought litigation and the court’s class certification opinion in favor of the plaintiffs on June 4, 2021, the class and Impax settled as trial commenced (and proceeded against Endo), reaching what Judge Leinenweber described as an “excellent” settlement.

If you or your company has been harmed by anticompetitive conduct or any conduct that you believe violates the antitrust laws, please contact Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

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