Donna M. Evans

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.

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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.

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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.

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