Class 3 (Private Insurance) Consumer Home Page
On July 9, 2012, The Court ordered the distribution of the Net Settlement Fund.
Consumer Class 3 checks were mailed on July 23, 2012.
If you made, or are obligated to make, a full cash payment or a Percentage Co-Payment
for Certain Drugs, from January 1, 1991 to March 1, 2008, you may be able to get
at least $35 back.
The Covered Drug List
This Class Action Lawsuit May Affect Your Rights.
There is a Settlement of a class action lawsuit with several drug manufacturers
concerning approximately 200 drugs. These drugs are used for the treatment of many
medical conditions and they are often, but not always injected in a doctor?s office
or clinic. The name of the lawsuit is In re: Pharmaceutical Industry Average Wholesale
Price Litigation; Docket No. 01-CV-12257-PBS, MDL No. 1456.
What is this Lawsuit About?
This lawsuit is NOT about whether these drugs are safe or effective. This lawsuit
is about the amount that you were charged for the drugs.
The Average Wholesale Price ("AWP") is used to set reimbursement amounts that are
paid by a) Medicare and its beneficiaries, b) private health insurers, and c) consumers
making full cash or percentage co-payments under private health insurance plans.
The lawsuit claims that Defendants reported false and inflated AWPs for the drugs
covered in this Settlement. The Defendants deny any wrongdoing, and the Settlement
is not an admission of wrongdoing or an indication that any law was violated
How Do I Know if I Am Included in the Settlement?
You are part of the Settlement if you made, or are obligated to make, a full cash
or a percentage co-payment:
- Under Medicare Part B for any of the covered drugs listed in the Class
A and Class B Drug Lists from January 1, 1991 through January 1, 2005;
- Through a private health insurance plan for covered drugs listed in
the Class A and Class B Drug Lists from January 1 1991, through March 1, 2008; or
- A spouse of a deceased class member who made such a co-payment or
a legal representative of a deceased class member?s estate may file a claim.
You are not a member of a Class if you made flat co-payments, if insurance paid
all of your co-payment, or if you were never obligated to make a co-payment at all.
What Are the Terms of the Settlement?
The drug manufacturers have agreed to pay $125 million to settle the class action.
Approximately $25 million will be available to pay consumer claims.
Who Represents Me?
The Court has appointed attorneys to represent the Classes. Class Counsel will request
that the Court award attorneys' fees not to exceed thirty-three and a third percent
(33.33%) of the Settlement Fund, plus reimbursement of expenses. You may hire your
own attorney, if you wish. However, you will be responsible for that attorney's
fees and expenses
Summary of Your Rights and Choices
Remain in the Class:
Stay in the Class.
Due Date for Filing a Claim: The deadline has passed.
To be considered timely claims needed to be postmarked on or before February 1,
Get out of the Class.
The deadline has passed. Exclusions needed to be postmarked no later than October
Object or Comment to the Settlement:
Object or Comment without excluding yourself.
The deadline has passed. Objections needed to be postmarked no later than October