Class 1 (Medicare Part B) Consumer Home Page
On July 9, 2012, The Court ordered the distribution of the Net Settlement Fund.
Consumer Class 1 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 Under Medicare Part B, from January 1, 1991 to January 1, 2005,
You May Be Able To Get Money Back
The Covered Drug List
This Class Action Lawsuit May Affect Your Rights.
There is a Settlement with several drug manufacturers concerning approximately 200
drugs. These drugs are used for the treatment of many medial 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 fro 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 payments or a percentage co-payment under private health insurance
plans. The lawsuit claims that Defendants reported false and inflated AWPs for the
drugs covered in this Proposed Settlement. The Defendants deny any wrongdoing, and
the Settlement is not an admission of wrongdoing or an indication that any law was
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
payment 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 $21.8 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 Proposed 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 Card: The deadline has passed.
To be considered timely claim cards needed to be postmarked on or before
March 30, 2011.
Due Date for Submitting Full Claim Form: The deadline has passed.
To be considered timely claims needed to be postmarked on or before
July 1, 2011.
Get out of the Class.
The deadline has passed. Exclusions needed to be postmarked no later than
October 21, 2011.
Object or Comment to the Proposed Settlement:
Object or Comment without excluding yourself.
The deadline has passed. Objections needed to be postmarked no later than
October 21, 2011.