Loestrin Antitrust Litigation settles on the day trial was set to start; OnPoint Expert Assisted Class Certification Victory

On January 6, 2020, the day trial was set to start, Class Plaintiffs reached an agreement with Defendants Warner Chilcott and Watson Pharmaceuticals to end the antitrust litigation involving oral contraceptives, Loestrin 24 Fe and Minastrin 24 Fe. Direct and indirect purchasers alleged that Defendants violated state and federal law through a series of actions intended to delay and suppress generic competition, including a brand product hop from Loestrin to Minastrin. Warner Chilcott and Watson will pay approximately $300 million under the settlement agreements, which are still subject to Court approval.

When certifying the end-payor class in October 2019, Judge William E. Smith relied on the testimony of OnPoint expert Laura Craft, who explained prescription fulfilment/payment processes and data systems in the United States. Judge Smith concluded that the proposed class of Third-Party Payers was ascertainable and satisfied the requirements previously enunciated in In re Asacol Antitrust Litigation, 907 F.3d 42 (1st Cir. 2018). Citing Craft, he concluded that Plaintiffs were “capable of securing, compiling, and analyzing the requisite data to identify class members and apply the class exclusions”.

The End-Payor Class in Loestrin was represented by Cohen Milstein Sellers and Toll  PLLC, Motley Rice LLC, Miller Law LLC and Hilliard and Shadowen LLP. All four law firms regularly represent plaintiffs (including Third Party Payers and consumers) in pharmaceutical antitrust litigation.

To read the class certification order, click here

To read more about Laura Craft, click here