UPDATE: On July 31, 2023, the Court entered an Order authorizing the distribution of the Net Settlement Fund. A copy of the order can be found on the Court Documents page of this website. Distribution of the Net Settlement Fund to Eligible Claimants is scheduled for November 2023.
- A Settlement totaling $29,999,999.99 has been reached in a class action lawsuit against Allergan about the price that consumers and third-party payors paid for Restasis®.
- You may be able to recover money from the Settlement if you are a consumer or third-party payor who purchased, paid for, and/or reimbursed all or part of the cost of Restasis® in certain states during the period from May 1, 2015, through July 31, 2021 (or, in Arkansas, May 1, 2015, through July 31, 2017).
- These deadlines may be amended by Court Order. Please check this website regularly for updates.
The Class includes consumers and third-party payors (entities such as employers or insurers). Specifically, the Class includes:
1. Consumers: all persons who, from May 1, 2015 through July 31, 2021, purchased Restasis® in a pharmacy for their own use, or received Restasis® by mail-order prescription for their own use, in any of the following states: Arizona, Arkansas,* California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.
2. Third-party payors: all entities that, from May 1, 2015 through July 31, 2021, paid for and/or provided reimbursement for some or all of the purchase price for Restasis® for use by their members, employees, insureds, participants, or beneficiaries, where such persons purchased the drug in a pharmacy or received Restasis® by mail-order prescription, in the following states: Arizona, Arkansas*, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, West Virginia, and Wisconsin.
* With respect to Arkansas only, Class Members must have purchased, paid for, and/or provided reimbursement for Restasis® between May 1, 2015 and July 31, 2017.
The Class does not include:
• Allergan, its officers, directors, employees, subsidiaries, and affiliates;
• Federal and state government entities except for cities, towns, municipalities, or counties with self-funded prescription drug plans;
• All persons or entities who purchased Restasis® for purposes of resale or directly from Allergan or its affiliates;
• Fully insured health plans (i.e., payors that purchased insurance covering 100% of their reimbursement obligation to members);
• Any “flat copay” consumers who purchased Restasis® only via a fixed dollar copayment that does not vary on the basis of the drug’s status as brand or generic;
• Pharmacy benefit managers; and
• Judges assigned to this case and their chambers’ staff and any members of the judges’ or chambers staff’s immediate families.
More information concerning the Class definition is included in the Certification Order and Settlement Agreement available on the Court Documents page of this website. Additionally, if you timely and validly exclude yourself (or “opt out”) from the Class, you will no longer be a Class Member.
1. Consumers: all persons who, from May 1, 2015 through July 31, 2021, purchased Restasis® in a pharmacy for their own use, or received Restasis® by mail-order prescription for their own use, in any of the following states: Arizona, Arkansas,* California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.
2. Third-party payors: all entities that, from May 1, 2015 through July 31, 2021, paid for and/or provided reimbursement for some or all of the purchase price for Restasis® for use by their members, employees, insureds, participants, or beneficiaries, where such persons purchased the drug in a pharmacy or received Restasis® by mail-order prescription, in the following states: Arizona, Arkansas*, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, West Virginia, and Wisconsin.
* With respect to Arkansas only, Class Members must have purchased, paid for, and/or provided reimbursement for Restasis® between May 1, 2015 and July 31, 2017.
The Class does not include:
• Allergan, its officers, directors, employees, subsidiaries, and affiliates;
• Federal and state government entities except for cities, towns, municipalities, or counties with self-funded prescription drug plans;
• All persons or entities who purchased Restasis® for purposes of resale or directly from Allergan or its affiliates;
• Fully insured health plans (i.e., payors that purchased insurance covering 100% of their reimbursement obligation to members);
• Any “flat copay” consumers who purchased Restasis® only via a fixed dollar copayment that does not vary on the basis of the drug’s status as brand or generic;
• Pharmacy benefit managers; and
• Judges assigned to this case and their chambers’ staff and any members of the judges’ or chambers staff’s immediate families.
More information concerning the Class definition is included in the Certification Order and Settlement Agreement available on the Court Documents page of this website. Additionally, if you timely and validly exclude yourself (or “opt out”) from the Class, you will no longer be a Class Member.
A Summary of Your Rights and Choices:
Your Legal Rights Are Affected Even If You Do Not Act.
Your Legal Rights Are Affected Even If You Do Not Act.
| YOUR LEGAL RIGHTS AND OPTIONS AND DEADLINES FOR YOU TO ACT | ||
|---|---|---|
| File a Claim | This is the only way to receive money from the Settlement. | The deadline to submit a Claim has passed. |
| Object to the Settlement | Write to the Court explaining why you don’t like the Settlement. Whether or not you object, you must still file a claim by the deadline above to receive money from the Settlement. | The deadline to submit an objection has passed. |
| Exclude Yourself from the Class | You will not be bound by the Settlement and will not receive any benefits from the Settlement. You keep any rights to sue Allergan on your own about the same legal claims in this lawsuit. | The deadline to request exclusion has passed. |
| Do Nothing | You won’t get a payment and will give up your rights to sue Allergan about the claims in this case. | |
