Hartig Drug Company Inc. v. Senju Pharmaceutical, et al



Important Update:

On August 7, 2019, the Court approved distribution of the Net Settlement Fund. At this time, it is expected that payments to all Settlement Class Members who have submitted valid claims will be mailed in early September of 2019.

If You Are A Person or Entity in the United States Who Purchased Branded Zymar or Zymaxid Directly From Senju Pharmaceutical Co. Ltd., Kyorin Pharmaceutical Co., Ltd., or Allergan, Inc. On or Between June 15, 2010 and December 31, 2017, You Could Be Affected by a Proposed Class Action Settlement.

A class action lawsuit is currently pending that includes direct purchasers of branded Zymar or Zymaxid on or between June 15, 2010 and December 31, 2017. A proposed Settlement has been reached between Plaintiff Hartig Drug Company Inc. (“Hartig”), on its own behalf and on behalf of members of the proposed Settlement Class, and the following Defendants: (1) Senju Pharmaceutical Co. Ltd. (“Senju”); (2) Kyorin Pharmaceutical Co., Ltd. (“Kyorin”); and (3) Allergan, Inc. (“Allergan”).

Direct purchaser Plaintiff Hartig (“Plaintiff”) claims that Defendants engaged in an unlawful scheme to exclude or delay generic competition for gatifloxacin ophthalmic solution (generic versions of their branded drugs Zymar and Zymaxid), a drug approved to treat eye infections such as bacterial conjunctivitis, in violation of the Sherman Act. The Defendants deny any liability as to Plaintiff’s claims.

A Settlement has now been reached with the Defendants. Approval of this Settlement by the Court will resolve this lawsuit as to the Defendants.

Your rights and options – and the deadlines to exercise them – are explained on this website and in the Notice.

Your legal rights will be affected whether you act or not. This website includes information on the litigation and the proposed Settlement with Defendants

SUBMIT A CLAIM BY October 5, 2018 (Postmarked) If you wish to make a claim against the Settlement Fund, you will need to file a Claim Form in order to receive money from the Settlement Fund.
OBJECT BY October 5, 2018 (Received) Write to the Court about why you don’t like the proposed Settlement, the Plan of Allocation, or the request for attorneys’ fees, reimbursement of expenses, and incentive award.
Do Nothing by October 5, 2018 If you do nothing, you will get no payment and give up your rights to be part of a lawsuit against the Defendants about the legal claims in this case.
Exclude Yourself by October 5, 2018 (Postmarked) Get no payment. This is the only option that allows you to bring a lawsuit against Defendants about the legal claims in this case.
ATTEND A FAIRNESS HEARING ON NOVEMBER 9, 2018 AT 1:30 PM At the Fairness Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate and whether to approve the Plan of Allocation, the request for attorneys’ fees, expenses, and incentive award.


To find out details regarding the terms of the Settlement, how to file a claim, how to exclude yourself from or object to the Settlement, please consult the Notice.

Court Documents

Additional Information

This website only summarizes the proposed settlement. More details are contained in the settlement agreement, which can be viewed here.

If you have questions or want more information, you can contact the Claims Administrator toll-free at 866-285-5811 or write to the claims administrator at:

Hartig Drug Company Inc. v. Senju Pharmaceutical Co. Ltd. Settlement c/o GCG PO Box 9349 Dublin, OH 43017-4249