In Re: Epipen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation **COUNSEL: DO NOT ADD PARTIES.**

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
IN RE: EpiPen (Epinephrine Injection,
USP) Marketing, Sales Practices and
Antitrust Litigation
(This Document Applies to Consumer
Class Cases)
Case No. 17-md-2785-DDC-TJJ
MEMORANDUM AND ORDER
Class member Ivan Alexander has sent a letter to the undersigned judge, attached, that
asks, “whether the Settlement Administrator may condition payment on documentation that may
not exist for claimants residing abroad[.]” The answer is yes.
“In resolving disputes about implementation of a settlement agreement, courts begin with
the terms of the agreement itself.” 4 William B. Rubenstein, Newberg and Rubenstein on Class
Actions § 12:25 (6th ed. 2025). Here, the court previously approved a Settlement Agreement
(Doc. 2590-2) that included a Claim Form (Doc. 2590-5). On that Claim Form, all claimants
“agree[d] to supplement” their claim with “documentary backup for the information provided” in
the Claim Form, “upon request of the Settlement Administrator.” Doc. 2590-5 at 4. So, if the
Settlement Administrator requests documentation—i.e., proof of address—then a claimant must
provide that documentation.
Perhaps anticipating this outcome, Mr. Alexander asks—if the Settlement Administrator
may condition payment on documentation that’s difficult to track down for those living abroad—
“whether reasonable alternative verification procedures should be provided.” The answer is no.
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Claimants sign a Claim Form, in which they agree to provide documentary backup on the
Settlement Administrator’s request. That’s what claimants agree to do. And the court won’t
impose additional requirements unsupported by the parties’ agreed-upon settlement documents
and processes.
IT IS SO ORDERED.
Dated this 2nd day of April, 2026, at Kansas City, Kansas.
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge
Case 2:17-md-02785-DDC-TJJ Document 2672 Filed 04/03/26 Page 2 of 2