UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
On October 15, 2018, the Court of Appeals for the First Circuit reversed class certification of the end-payor class, defined below:
All persons or entities in the United States and its territories who purchased and/or paid for some or all of the purchase price for Delzicol or Asacol HD in Arizona, California, Florida, Iowa, 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, Vermont, West Virginia, Wisconsin, and the District of Columbia for consumption by themselves, their families, or their members, employees, insureds, participants, or beneficiaries, during the period July 31, 2013 through and until the anticompetitive effects of Defendants’ unlawful conduct cease and also purchased and/or paid for some or all of the purchase price for Asacol 400mg prior to July 31, 2013.
The following groups are excluded from the Class:
1. Defendants and their officers, directors, management, employees, subsidiaries, or affiliates;
2. All persons or entities who purchased Asacol 400mg, Asacol HD, or Delzicol only directly from Defendants or for resale;
3. All government entities, except for government-funded employee benefit plans;
4. Fully insured health plans (i.e., plans that purchased insurance from another third-party payor covering 100% of the plan’s reimbursement obligations to its members);
5. Pharmacy benefit managers;
6. All entities whose only post-July 31, 2013 purchases of Asacol HD and Delzicol were in Massachusetts, Missouri, or Vermont;
7. "Flat co-pay" "Cadillac Plan" consumers who made purchases only via fixed dollar co-payments that do not vary between brand and generic drugs;
8. Consumers who purchased Asacol HD prior to March 8, 2013 or who purchased Asacol 400mg, Asacol HD, or Delzicol only through a Medicaid program; and
9. The judges in this case and any members of their immediate families.
On remand, Plaintiffs moved for permission to attempt and re-certify a narrower class of end-payors. The district court denied that request on April 11, 2019. Plaintiffs then petitioned the Court of Appeals for the First Circuit to review the district court’s denial of the re-certification effort. On August 1, 2019, the Court of Appeals denied Plaintiffs’ petition.
This means that the Asacol case is no longer a class action. Please be advised that most states have a statute of limitations in which you have only a certain amount of time to file a case. If you wish to pursue your matter, it is imperative that you immediately consult another attorney to assess the potential merits of your claim, and any applicable time limitations.