Consumers and Shire US Inc. have reached an agreement to settle a case
in which the drugmaker was accused of paying rival drugmakers to delay
selling less expensive versions of the ADHD drug Adderall. The joint motion
to defer ruling on pending motions and the notice of settlement signal
that the proposed class action lawsuit could be put to rest before heading to trial.
The court filing specifies that the drugmaker and consumers were able to
reach a settlement in principle after attending a day-long mediation session
before the start of the trial, which was scheduled to begin in March.
On the notice, the court was asked to hold off ruling on a request to
certify the class, Shire’s motion for summary judgment, motions
by both sides to exclude expert testimony at trial, and other contested motions.
The proposed class action was originally filed in April 2013, accusing
Shire of attempting to stave off competition from generic versions of
Adderall produced by other drug companies. The lawsuit accused Shire of
violating U.S. antitrust laws and causing roughly $10 million in damages
to Florida consumers.
The consumer group fought for months to get the class status certified
by a judge, and in December, U.S. Magistrate Judge Jonathan Goodman issued
a sealed report that recommended consumers be granted their certification
request. Shire immediately rejected these findings, citing a number of
alleged errors, outdated precedents, and incorrect legal standards.
The settlement notice indicates that after the execution of final settlement
documents, plaintiffs will more for preliminary approval. It is anticipated
that this will take roughly 45 days to finalize.
The plaintiffs are represented by Ruben Honik, Richard M. Golomb, and Kenneth
J. Grunfeld of
Golomb & Honik, P.C., Gillian L. Wade and Sara D. Avila of
Milstein Adelman LLP. Conlee Whiteley, Alan Kanner and John R. Davis of
Kanner & Whiteley LLC, and Brian T. Ku, Louis Mussman and M. Ryan Casey of
Ku & Mussman PA.