Claims Assistance for Third-Party Payers

 Overcharged for Generic Prescription Drugs?

A major federal antitrust case alleges that certain generic drug manufacturers coordinated pricing and market behavior, which may have caused Third-Party Payers (TPPs) to overpay for generic prescription drugs.

If your organisation purchased, paid for or reimbursed generic prescription drugs in the US between May 1, 2009 and December 31, 2019, you may be able to participate in one or more court approved settlements.

Check Your Eligibility

What Is This Case About?

These claims arise from In re Generic Pharmaceuticals Pricing Antitrust Litigation, a nationwide multidistrict litigation that consolidates numerous related class actions filed across the country.

The lawsuits allege that multiple generic drug manufacturers engaged in unlawful conduct, such as price-fixing, bid-rigging, and market allocation, that reduced competition and inflated prices for certain generic medications. According to the complaints, this conduct caused Third-Party Payers and other end-payers to pay more than they should have for generic drugs.

The litigation follows extensive federal and multistate investigations, including actions brought by 40 State Attorneys General. The companies involved deny wrongdoing, and the Court has not made final findings on liability.

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Who This Page Is Intended For

This page is designed for Third Party Payers; organisations that pay for or reimburse prescription drug claims, including:

  • Self insured employers

  • Health plans and insurers

  • Union or multi employer benefit funds

  • Municipal or governmental entities with self funded prescription drug plans

While individual consumers may also be class members in the underlying litigation, this page focuses on organizations and plans responsible for paying or reimbursing prescription drug costs, and is intended to help them understand their potential rights and available options.

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Current Settlements and Ongoing Litigation

Proposed settlements have been reached with several manufacturers, including: 

Sandoz

$275 million

Sun and Taro

$200 million

Apotex and Heritage

$58 million

These settlements cover nearly 200 named generic drugs and apply to qualifying purchases during specific time periods between 2009 and 2019. Settlement funds will be distributed only after final Court approval and according to Court approved allocation plans.
Ongoing litigation: The Court has certified Third-Party Payer classes in two bellwether cases involving Clobetasol and Clomipramine. These are moving toward trial and do not yet have an open claims process.

Am I Likely To Be Included?

In general, an organization may be included as a settlement class member if it is a Third-Party Payer that indirectly purchased, paid for, and/or reimbursed one or more covered generic drugs:

For use by its members, employees, or beneficiaries

For use by its members, employees, or beneficiaries
Other than for resale
Other than for resale
During the applicable class period
During the applicable class period
In the United States (excluding Indiana and Ohio) and certain U.S. territories
In the United States (excluding Indiana and Ohio) and certain U.S. territories

Each settlement has its own class definitions, covered drugs, and exclusions. Fully insured plans are typically excluded for the portion of claims paid by the insurer, while self funded and Administrative Services Only (ASO) arrangements are generally eligible for the portion they paid.

Official notices and full class definitions are available here:

State Attorneys General Generic Drugs

Generic Drugs End Payer Settlement

How Sanguine Law Can Help

Sanguine Law provides claims-assistance and recovery support for Third-Party Payers navigating complex pharmaceutical antitrust settlements.

If you choose to explore participation, we can assist with:

  • Reviewing pharmacy claims or utilization data to identify potentially eligible purchases

  • Preparing and submitting claims in accordance with Court approved requirements

  • Communicating with Court appointed claims administrators

  • Responding to deficiency notices or follow up requests

  • Monitoring claim status and distribution timelines

  • Keeping your team updated throughout the process

There is no upfront cost to complete the eligibility check. If you choose to engage us, any fee is contingent on recovery.

Ready To Get Started?

Check your eligibility at no cost today.

Sanguine Law does not determine settlement eligibility, but we can help you assess whether your organization may qualify and explain next steps—at no cost.

Frequently Asked Questions

When will I know if my plan is eligible?

Eligibility is determined by the Court appointed claims administrator, not by Sanguine Law. Decisions are based on submitted data, proof of payment or reimbursement, class definitions, exclusions, and the Court approved allocation rules.

What documentation is typically required?

Documentation often includes pharmacy claims or prescription-drug utilization data (such as NDCs, dates, quantities, and amounts paid), reimbursement summaries, and information about how your plan was funded.

We can assist with identifying, gathering, and formatting the required materials to help streamline the process.

When will payments be made?

Payments occur only after final Court approval of each settlement and the resolution of any appeals. Claims processing and distribution can take several months after approval.

How much could my plan receive?

Any recovery is calculated using Court-approved, pro rata allocation formulas. No one—including Sanguine Law—can estimate potential recovery amounts until all claims have been submitted and the Court has finalized the applicable allocation plans.

Do we need to opt out?

Most Third Party Payers do not opt out. Opting out generally means giving up settlement payments and pursuing separate, independent litigation. Opt-out deadlines vary by settlement.

Does it cost anything to find out if we qualify?

No. An initial eligibility review is offered at no upfront cost.

If you choose to engage Sanguine Law for claims-assistance services, any fee is contingent on recovery.