Donna M. Evans is of counsel at Cohen Milstein and a member of the Antitrust practice. An accomplished trial attorney, her legal career spans more than 35 years and includes many years as a litigation partner with global firms. She has tried numerous cases to verdict, including obtaining, as part of a trial team, one of the then-largest plaintiff jury verdicts in Massachusetts Superior Court.
Donna’s experience includes pharmaceutical litigation in which she has represented plaintiffs in antitrust class actions; prescription drug manufacturers; biomedical device companies and inventors; private medical consulting services; and global pharmaceutical companies. For more than a decade, Donna has focused on cutting-edge pay-for-delay pharmaceutical antitrust litigation, which addresses collusive, non-competition agreements between brand and generic drug manufacturers to delay entry of lower-priced generic drug products.
Donna was part of the trial team in In re Nexium Antitrust Litigation, the first pharmaceutical antitrust case to go to trial following the Supreme Court’s landmark decision in FTC v. Actavis in 2013. She is also involved in the litigation of generic drug price-fixing cases, which come on the heels of a government investigation led by the U.S. Department of Justice alleging similar conduct, which, while ongoing, has already resulted in indictments and guilty pleas.
Donna currently serves as a member of Cohen Milstein’s Professional Development Mentoring Committee and co-led the firm’s new associate training (“NAT”) programs in 2017, 2019 and 2021, and continues to present NAT training modules. She has also served as a mentor to incoming law fellows at Cohen Milstein.
Throughout her career, Donna has been deeply involved in the issue of equality. She served on the Honorable U.S. District Court Judge Nancy Gertner’s Equality Commission; the Commonwealth Institute’s Corporate Board of advisors, counseling women-owned businesses; and the Boston Bar Association’s Diversity and Attorney Attrition Standing Committee and its Task Force on Professional Challenges and Family Needs. Donna participated in writing a ground-breaking Boston Bar Association report addressing the costs of attorney attrition, “Facing the Grail: Confronting the Cost of Work-Family Imbalance,” and in implementing the report’s recommendations in Boston law firms.
During law school, Donna served as a note and comment editor on the board of the North Carolina Law Review and interned with the Criminal Division of the U.S. Attorney’s Office for the District of Massachusetts. She has written on topics including the federal mail fraud statute and construction pay-when-paid contract clauses, and authored a chapter in “Inside the Minds,” addressing best practices in client relationships.
- Member, Boston Bar Association
- Member, Women’s Bar Association, Senior Practice Group, Boston
- Member, Professional Development and Mentoring Committee, Cohen Milstein Sellers & Toll, PLLC
Past Affiliations:
- Attorney Attrition Standing Committee, Boston Bar Association
- Task Force on Professional Challenges and Family Needs, Boston Bar Association
- Member, Honorable U.S. District Court Judge Nancy Gertner’s Equality Commission
- Board of Directors, Greater Boston Legal Services
- Corporate Board of Advisers, The Commonwealth Institute
- Amici Curiae Counsel for Law Enforcement Officers (U.S. Crt. of Appeals, First Circ.)
- Pro bono work in the area of affordable housing
- Honorable U.S. District Court Judge Nancy Gertner’s Equality Commission
- Instructor, Legal Writing, Boston University Law School
- Lecturer in English, University of North Carolina at Chapel Hill
- Visiting Lecturer in English, North Carolina State University
- Massachusetts
- University of North Carolina School of Law, J.D., cum laude
- University of North Carolina at Chapel Hill, M.A.
- University of North Carolina at Chapel Hill, B.A.
- Intern, Criminal Division, U.S. Attorney’s Office, District of Massachusetts
Current Cases
In re Actos Antitrust Litigation
In re Actos Antitrust Litigation (S.D.N.Y.): Cohen Milstein represents End-Payor Plaintiffs in this antitrust action, alleging that Defendant Takeda engaged in anticompetitive conduct related to the listing of certain patents in the FDA’s Orange Book thereby resulting in unlawful delays to the market entry of generic versions of Takeda’s diabetes drug, Actos.
In re Intuniv Antitrust Litigation
In re: Intuniv Antitrust Litigation (D. Mass.): On July 2, 2024, the Court granted preliminary approval of a $58 million settlement between a certified class of direct purchasers and Shire after seven-and-a-half years of hard-fought litigation. The settlement follows a $19.9 million settlement between a certified class of direct purchasers and Actavis, which was granted final approval by the court on December 9, 2020. Pending final approval, total settlements for the direct purchaser class will come to $80 million. Plaintiffs allege that the Actavis, along with fellow pharmaceutical manufacturer Shire, conspired to delay competition for generic versions of Intuniv, an attention deficit hyperactivity disorder (ADHD) medication, causing the direct purchasers to pay an inflated price for Intuniv. Cohen Milstein plays a significant role in representing the Direct Purchaser Class.
In re Lipitor Antitrust Litigation
In re Lipitor Antitrust Litigation (D.N.J.): Plaintiffs allege that Pfizer, the manufacturer of the cholesterol drug Lipitor, the best-selling drug in pharmaceutical history, conspired with Ranbaxy, the generic manufacturer, to delay its introduction of a generic Lipitor product. On October 1, 2024, the Court granted final approval of a $35 million settlement against Pfizer for its role in the alleged anticompetitive scheme. Litigation against Ranbaxy is ongoing. Cohen Milstein is Co-Lead Counsel to the End-Payor Plaintiffs class.
In re Seroquel XR Antitrust Litigation
In re Seroquel XR Antitrust Litigation (D. Del.): Plaintiffs allege that Defendant AstraZeneca Pharmaceuticals LP struck deals with generic drug manufacturers Handa Pharmaceuticals LLC, Par Pharmaceutical Inc. and Accord Pharmaceuticals Inc., inducing the generics to delay launching generic versions of Seroquel XR, AstraZeneca's prescription drug treatment for schizophrenia, bipolar disorder and depression, for five years in exchange for AstraZeneca committing to delay the launch of its own authorized generic.
In re Tracleer Antitrust Litigation
Baltimore v. Actelion Pharmaceuticals LTD (D. Md.): Cohen Milstein is court-appointed Co-Lead Class Counsel, representing the End-Payor Class in this certified class action against Actelion Pharmaceuticals LTD, manufacturer of the brand prescription drug bosentan, marketed as Tracleer. Plaintiffs allege that Defendant Actelion engaged in an anticompetitive scheme to withhold samples of its life-saving pulmonary arterial hypertension medication from would-be rivals, under the guise of the REMs program, which conduct ultimately delayed generic competition.
Past Cases
In re Lidoderm Antitrust Litigation
In re Lidoderm Antitrust Litigation (N.D. Cal.): Cohen Milstein served as Co-Lead Counsel for the End-Payor Class in a suit alleging that Endo and Teikoku, manufacturers of the Lidoderm patch, paid Watson Pharmaceuticals to delay its generic launch. The case settled on the eve of trial and on September 20, 2018, Plaintiffs obtained final approval of a $104.75 million settlement – more than 40% of Plaintiffs’ best-case damages estimate.
In re Loestrin 24 FE Antitrust Litigation
In re Loestrin 24 FE Antitrust Litigation (D.R.I.): We served as Co-Lead Counsel for the End-Payor Plaintiffs in a case alleging that Warner Chilcott PLC entered into agreements to delay the introduction of a generic version of the contraceptive drug Loestrin and thereafter engaged in a “product hop” to further impede generic entry. The case settled on the last business day before trial for $63.5 million – representing one of the largest settlements in a federal generic suppression case in over a decade. On September 1, 2020, the settlements received final approval.
In re Ranbaxy Generic Drug Application Antitrust Litigation
In re Ranbaxy Generic Drug Application Antitrust Litigation (D. Mass.): We represent the Direct Purchaser Class in this antitrust, federal RICO, and state consumer protection MDL, alleging Ranbaxy manipulated the U.S. Food and Drug Administration’s generic drug approval process to block competitors from coming to market and forcing purchasers to pay supracompetitive prices for its valganciclovir hydrochloride and valsartan products. On the eve of trial, Ranbaxy settled with the Direct Purchaser Class for $340 million.
In re Solodyn Antitrust Litigation
In re Solodyn Antitrust Litigation (D. Mass.): We served as a member of the executive committee and Ms. Robertson played a significant role in coordinating discovery on behalf of the End-Payor Plaintiffs. The case, which settled mid-trial, resulted in a $43 million recovery for the Class.
Amicus Briefs
Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al.
Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al. (D. Mass.): On March 21, 2023, Cohen Milstein filed an amicus curiae brief on behalf of senior law enforcement officers in support of the United States of Mexico, plaintiff-appellant, before the United States Court of Appeals for the First Circuit. Amici argue for the reversal of the district court’s grant of defendants’ motion to dismiss in Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al., Case No. 1:21-CV-11269-FDS, United States District Court for the District of Massachusetts.
- Lawdragon 500 Leading Plaintiff Financial Lawyers List (2019-2021)
- Massachusetts Super Lawyer
September 6, 2024
Actelion Must Face Tracleer Antitrust Suit With Class Certified
A Maryland federal judge refused Friday to toss an antitrust suit accusing Actelion Pharmaceuticals of illegally denying generics companies the samples they needed to produce generic versions of its hypertension drug Tracleer, while separately certifying a class composed of “hundreds” of insurers and self-funded employers. U.S. District Judge George L. Russell III issued two omnibus […]
In the News | Law360
August 9, 2024
Takeda Should Face Certified Antitrust Classes, Judge Says
A New York federal judge on Friday recommended certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing Takeda Pharmaceuticals Co. of unlawfully inflating the price of its diabetes treatment Actos by delaying entry of generic alternatives. U.S. Magistrate Judge Stewart D. Aaron’s report and recommendation said both groups’ motions for […]
In the News | Law360
May 14, 2024
Shire Settles Claims Over Alleged ADHD Generic Delay
Purchasers of the medication Intuniv have settled a years-old class action against drugmaker Shire PLC and manufacturer Actavis over allegations that the companies struck an anti-competitive deal to delay the production of a generic version of the attention-deficit/hyperactivity disorder drug. . . . The class is represented by Lauren G. Barns, Thomas Sobol, Abbye Ognibene, […]
In the News | Law360
February 2, 2023
Cohen Milstein Announces Expansion into Boston and Minneapolis
FOR IMMEDIATE RELEASE: Media Contact: cohenmilstein@berlinrosen.com WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC, one of the nation’s leading plaintiffs’ law firms, has announced its expansion into Massachusetts and Minnesota with the opening of offices in Boston and Minneapolis. This expansion allows the firm to further serve client needs across practices and act as […]
Press Releases | Cohen Milstein
September 7, 2022
Merck, Glenmark Antitrust MDL Must Go to Jury, Judge Says
A Virginia magistrate judge has recommended denying Merck and Glenmark’s bids to end antitrust multidistrict litigation accusing the drugmakers of conspiring to delay generic competition for the branded cholesterol medication Zetia, finding there are numerous material factual disputes that should go to a jury. In a 74-page report filed Friday, U.S. Magistrate Judge Douglas E. […]
In the News | Law360
April 29, 2022
Ranbaxy Buyers’ $485M Deal in Generics MDL Gets Initial Nod
Ranbaxy Pharmaceuticals drug purchasers nabbed initial approval of a $485 million global settlement struck in March over claims the drugmaker manipulated the U.S. Food and Drug Administration’s generic-drug approval process to box out competitors. U.S. District Court Judge Nathanial M. Gorton preliminary approved the two deals on Thursday in Massachusetts federal court and signed off […]
In the News | Law360
November 23, 2021
Ranbaxy Can’t Shake MDL Antitrust Claims as Trial Nears
Ranbaxy Pharmaceuticals Inc. didn’t need to ever sell a dose of a drug to have wielded monopoly power over it, a Boston federal judge ruled Monday, rejecting the company’s bid for an early win on antitrust claims in the multidistrict suit. . . . The antitrust suit, set for a Jan. 10 trial, alleges that […]
In the News | Law360
May 14, 2021
Buyers Win Cert. in Ranbaxy Generic-Drug Antitrust Case
A Massachusetts federal court on Friday certified classes for two groups of buyers accusing Ranbaxy Pharmaceuticals of delaying generic versions of three different drugs by manipulating the regulatory approval system. U.S. District Judge Nathaniel M. Gorton issued an order granting class certification requests from direct purchasers, including drug wholesalers, and from end-payors, such as health […]
In the News | Law360
April 13, 2021
4th Circ. Revives Antitrust Suit Over Actelion’s Drug Tracleer
The Fourth Circuit on Tuesday revived Baltimore’s antitrust suit accusing Actelion Pharmaceuticals of illegally pumping up the price of its drug Tracleer after the patent expired, reversing a decision that the case was time-barred and finding that it was filed within the statute of limitations. A three-judge panel vacated a lower court’s dismissal order and […]
In the News | Law360
January 21, 2021
Donna M. Evans to Speak at Pioneering Leaders Virtual Tour
Donna M. Evans, Of Counsel in Cohen Milstein’s Antitrust practice will speak at ThirdPath Institute’s “Boston: Pioneering Leaders Virtual Tour” on January 21, 2021. Ms. Evans will address current issues of integrating work and personal life to achieve balance and success. ThirdPath Institute is dedicated to helping redesign work to create time for family, community and other […]
Events | ThirdPath Institute
November 13, 2020
3 Firms Score End-Payor Co-Lead Role in Seroquel XR Cases
A Delaware federal judge on Friday tapped three firms — Grant & Eisenhofer PA, Cohen Milstein Sellers & Toll PLLC and Shepherd Finkelman Miller & Shah LLP — to lead the proposed end-payor class accusing AstraZeneca of paying off generic-drug makers to protect its brand antipsychotic drug Seroquel XR. U.S. District Judge Colm F. Connolly […]
In the News | Law360
September 2, 2020
$184M Settlements OK’d in Loestrin Buyers’ Antitrust Row
A Rhode Island federal judge has given the final green light to deals totaling about $183.5 million to settle allegations that Lupin and a pair of Allergan units worked to sideline generic alternatives of the birth control drug Loestrin. On Tuesday, U.S. District Judge William E. Smith granted final approval to a trio of settlements […]
In the News | Law360
August 19, 2020
Actavis Inks Settlement in ADHD Drug Antitrust Suit
Pharmaceutical company Actavis told a Massachusetts federal court Wednesday that it had reached a settlement with the direct purchaser class in a lawsuit that accused the company, along with fellow pharma company Shire, of conspiring to delay sales of a generic version of the attention deficit hyperactivity disorder medication Intuniv. In a letter, Christopher T. […]
In the News | Law360
January 7, 2020
Allergan Settles Pay-for-Delay Lawsuit for $300M
Allergan agreed to pay $300 million to settle a lawsuit claiming two of its subsidiaries, Warner Chilcott and Watson Pharmaceuticals, partnered in a pay-for-delay deal that violated antitrust laws, the drugmaker said Jan. 6. The lawsuit, filed in 2013, claimed Warner Chilcott entered into agreements with Watson and generic drugmaker Lupin Pharmaceuticals to delay a generic version […]
In the News | Becker’s Hospital Review
November 27, 2017
Pfizer Wants Justices to Review Lipitor Antitrust Ruling
Pfizer Inc. and generic-drug maker Ranbaxy Inc. have asked the U.S. Supreme Court to review a decision by the Third Circuit to revive allegations in multidistrict litigation accusing Pfizer of making an illegal reverse payment to keep Ranbaxy’s generic version of cholesterol drug Lipitor off the market, saying antitrust scrutiny isn’t appropriate for “commonplace” and […]
In the News | Law360