Two Antitrust Class Action Lawsuits Filed Over Adderall

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Shire US Inc. has been hit with two consumer class action lawsuits accusing the pharmaceutical company of stifling competition for its blockbuster drug Adderall XR, which caused consumers to pay more for the ADHD drug than they would have normally.

Consumers in Pennsylvania and Florida accuse Shire of attempting to restrict trade and/or monopolize the market for AXR, the brand-name drug they manufacture and sell under the name Adderall and also sell as an “authorized generic” to competitors.

“Though other companies were able to bring an Authorized Generic to the market in 2009, Defendants engaged in a number of schemes meant to delay the entry of …. and then to restrict the supply of generic competition,” the Florida class action lawsuit says. “Namely, Defendants filed sham patent litigation, constructed anticompetitive reverse payment agreements with generic competitors, and even then proceeded to breach agreements to supply said competitors with materials to manufacture generic AXR, cutting off supply of cheaper-priced generic AXR to consumers.”

Plaintiffs claim the so-called “pay-for-delay” settlements reached in those patent lawsuits were part of a broader scheme to not only delay the entry of generic competition but to also restrict competitors by failing to supply them with as much of its authorized generic Adderall as promised under the supply agreements.

The Adderall antitrust class action lawsuits are brought on behalf of all persons in Florida, Pennsylvania and the U.S. who purchased brand name AXR for personal use and not for resale.

The cases are Barba et al v. Shire US, Inc. et al, Case No. 13-cv-21158, U.S. District Court for the Southern District of Florida, and Netwall v. Shire U.S., Inc. et al., Case No. 13-cv-01669, U.S. District Court for the Eastern District of Pennsylvania.

A third antitrust class action lawsuit has been filed in New York on behalf of direct purchasers of AXR. That case is Louisiana Wholesale Drug Co. Inc. v. Shire LLC et al., Case No. 12-cv-03711, U.S. District Court for the Southern District of New York.

UPDATE: The Adderall XR class action settlement is now open! Click here to file a Claim Form! 

UPDATE 2: On Jan. 16, 2018, Top Class Actions viewers who filed a valid claim for the Adderall class action settlement started receiving checks in the mail worth as much as $828. Congratulations to everyone who filed a claim and got PAID.

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