
Entities that purchased, paid for or provided reimbursement for Tracleer or bosentan (other than for resale) for use by members, employees, insureds, participants or beneficiaries in certain states or territories between Dec. 29, 2015, and Sept. 6, 2024, may be eligible to claim a cash payment from a class action settlement.
Actelion Pharmaceuticals Ltd., Actelion Pharmaceuticals US Inc. and Janssen Research & Development LLC agreed to pay $65 million to resolve a class action lawsuit. The lawsuit alleges these companies unlawfully delayed the entry of generic bosentan (the active ingredient in Tracleer) into the market, causing third-party payers to pay more for brand Tracleer and bosentan than they otherwise would have.
Who can file a claim?
Entities are eligible to file a claim if they meet all of the following criteria:
- They purchased, paid for or provided reimbursement for some or all of the purchase price of Tracleer or bosentan (not for resale).
- They did so for consumption by their members, employees, insureds, participants or beneficiaries.
- The purchase or reimbursement occurred in one of these states or territories: Arizona, California, District of Columbia, Florida, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, West Virginia or Wisconsin.
- The purchase or reimbursement occurred between Dec. 29, 2015, and Sept. 6, 2024.
Entities that may qualify include:
- Health insurance companies
- Health maintenance organizations
- Self-insured employee health or pharmacy benefit plans
- Other third-party payers
The class is limited to entities and does not include individuals who purchased the drug for personal use.
The settlement considers purchases mail order purchased as occurring in the state or territory in which they received the medication and not necessarily where the pharmacy is located.
How much can class members get?
The total settlement fund is $65 million. The actual amount each class member receives will depend on:
- The total number of valid claims submitted
- The amount of Tracleer or bosentan each claimant purchased or reimbursed
- Deductions for attorneys' fees, expenses, notice and administration costs, and a service award for the class representative
After the settlement administrator deducts the above costs, it will distribute the net settlement fund to eligible class members on a pro rata basis. This means each class member’s payment will be proportional to their qualifying purchases compared to the total purchases claimed by all class members.
If funds remain after the administrator processes all claims, it will either redistribute them to eligible class members or donate them to a nonprofit organization approved by the court.
How to claim a class action payment
Class members can file the online claim form or download, print and complete the PDF claim form and mail it the settlement administrator. The claim deadline is Aug. 3, 2026.
Settlement administrator's mailing address: Tracleer Litigation, c/o A.B. Data Ltd., P.O. Box 173072, Milwaukee, WI 53217
Class members can submit claims on their own behalf or through an authorized agent. Agents must provide written authorization to file on behalf of a class member and may submit claims for multiple entities if authorized.
Required proof and documentation
Claimants must provide transaction data and documentation demonstrating class membership and the amount they paid for Tracleer or bosentan. This includes:
- Name of the class member
- NDC number and drug name
- Fill date or date of purchase
- Location (state) of purchase and of insured or beneficiary
- Amount the class member paid and net of copays, deductibles and co-insurance
- For agents, plan or group name and FEIN for each transaction
The settlement administrator may request additional information or documents if needed.
Payout options
The settlement administrator will issue payments by check or electronic disbursement.
$65 million settlement fund breakdown
The $65,000,000 settlement fund will cover:
- Notice and administration costs: To be determined
- Attorneys' fees: Up to $21,670,000
- Attorneys' expenses: Up to $4,500,000
- Service award to class representative: Up to $40,000
- Payments to eligible class members: Remainder of the fund
Important dates
- Fairness hearing: July 1, 2026
- Deadline to file a claim: Aug. 3, 2026
When is the Tracleer settlement payout date?
The settlement administrator will distribute payments to eligible class members after the court resolves any appeals and grants final approval of the settlement.
Why is there a class action settlement?
The class action lawsuit alleged Actelion Pharmaceuticals Ltd., Actelion Pharmaceuticals US Inc. and Janssen Research & Development LLC violated federal and state antitrust and consumer protection laws by taking actions to delay the introduction of generic versions of Tracleer (bosentan) into the U.S. market. The plaintiff claimed the defendants harmed compettion, causing third-party payers to pay more for Tracleer and bosentan than they would have if generics had been available sooner.
The defendants denied all allegations and any wrongdoing. The parties agreed to settle to avoid the costs and uncertainty of litigation and to provide benefits to class members.
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