Melissa O'Donnell

Melissa has significant experience representing biopharmaceutical clients and other players in the pharmaceutical supply and payment chain. She handles class action and large multidistrict litigations, including antitrust and economic loss cases.

Melissa served as in-house counsel at a multinational, publicly traded health solutions company, where she handled enterprise-risk litigation and represented the company as a third party in antitrust investigations and litigation. Melissa’s time in-house helps her provide actionable, business-minded advice to her clients and strengthened her experience in the payor and PBM sectors of the health care system.

• In re Lamictal Direct Purchaser Antitrust Litigation (D. N.J.). Represents a research-based pharmaceutical manufacturer in a putative antitrust class action alleging an unlawful “reverse payment” settlement of patent litigation. Obtained dismissal of a majority of indirect purchaser class claims, resulting in a favorable early settlement, and defeated certification of the direct purchaser class. Multiple individual cases filed by direct purchasers after class certification was denied, are proceeding via joinder. Summary judgment is expected in 2026.
• UFCW Local 1500 Welfare Fund et al. v. Takeda Pharmaceuticals U.S.A., Inc. et al. (S.D.N.Y.). Represents a generic pharmaceutical manufacturer in a putative class action alleging an unlawful reverse payment settlement of patent litigation related to colchicine.
• In re Xyrem (Sodium Oxybate) Antitrust Litigation (N.D. Cal.). Represented a generic pharmaceutical manufacturer in a putative class action alleging an unlawful reverse payment settlement of patent litigation related to sodium oxybate, and an overarching conspiracy to delay generic competition. Successfully settled the case after discovery on terms favorable to the client.
• Value Drug Co. v. Teva Pharmaceutical Industries Ltd. et al. (D. Mass.). Represented a generic pharmaceutical manufacturer in a putative class action alleging an unlawful reverse payment settlement of patent litigation related to QVAR. Obtained dismissal at the pleadings stage.
• Louisiana Health Services & Indemnity Co. v. Celgene (S.D.N.Y.). Represented a generic pharmaceutical manufacturer in a putative class action alleging an unlawful reverse payment settlement of patent litigation related to pomalidomide. Obtained dismissal at the pleadings stage.
• In re Generic Pharmaceuticals Pricing Antitrust Litigation (E.D. Pa., MDL 2724). Defend generic pharmaceutical manufacturers in direct purchaser plaintiff, indirect reseller plaintiff, and end-payer plaintiff putative class actions in multidistrict litigation pending in federal court alleging violations of federal and state antitrust statutes and state consumer protection laws relating to an alleged conspiracy among manufacturers to fix prices for certain generic drugs.
• In re Metformin Marketing and Sales Practices Litigation (D.N.J.). Represents a pharmaceutical company in consolidated class action litigation seeking damages for alleged economic loss relating to NDMA (nitrosamine) contamination of generic metformin.
• Boyer v. Breckenridge Pharmaceutical, Inc. (D.N.J.). Represents a generic pharmaceutical manufacturer in putative class action litigation seeking recovery for claimed economic loss relating to alleged nitrosamine contamination in duloxetine. Obtained preliminary approval of an early settlement.
• Opioid Litigation (D. Ohio). Served as in-house counsel responsible for overseeing defensive and affirmative opioid litigation for a major PBM and third-party payor.
• International Construction Products LLC v. Caterpillar Inc. (D. Del.). Represented a dealer of heavy construction equipment in an antitrust suit alleging a group boycott.
• Wallach v. Eaton Corp. (D. Del.). Helped secure a complete dismissal of direct purchaser class action for Mack Trucks, Inc. and Volvo Trucks North America alleging a conspiracy to install a monopolist transmission supplier.
• Co-pay assistance litigation. Represented and advised a major pharmaceutical manufacturer in connection with national litigation alleging antitrust and RICO claims arising out of patient co-pay assistance programs.
• Represented Symphony Health Solutions Corp. in a suit involving allegations of unlawful abuse of monopoly power in the market for pharmaceutical data and analytics, misappropriation of trade secrets, and tortious interference.
• Murnaghan v. HHS. Represented 11- and 10-year-old children in suits to prevent the Organ Procurement and Transplantation Network from applying a policy that discriminated against children under 12 in the system established for allocating donated lungs.
• Represented prisoners alleging that defendants violated their constitutional rights by failing to treat their health conditions.

• Benchmark Litigation: “40 & Under List” in Pennsylvania (2024-2025)
• Legal 500 United States for Antitrust: Civil Litigation/Class Actions: Defense (2023, 2025)