AWP Track 2 Settlement
Pharmaceutical Industry Average Wholesale Price Litigation
Docket No. 01-CV-12257-PBS, MDL No. 1456
CLASS ACTION INFORMATIONAL WEBSITE

Class 1 (Medicare Part B) Consumer Home Page



Please note that the relevant deadlines for filing a claim, an objection to the settlement or a request for exclusion have been temporarily suspended until further notice. Consumers can still file claims during this period and are urged to do so.

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 Proposed 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 Proposed 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 Proposed Settlement?

You are part of the Proposed 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.

When and Where Will the Court Decide on Whether To Grant Final Approval of the Proposed Settlement?

The Court will hold a Hearing on April 27, 2009 at 2:00 p.m. to consider whether it is fair, reasonable and adequate. At the Hearing, the Court will also consider whether to approve the Proposed Settlement; the request for attorneys’ fees and expenses; and any comments or objections. You are not required to attend, but may do so at your own expense.

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

You May:
Remain in the Class:

Stay in the Class.


If you received a yellow Pre-Notice with an attached postcard, you MUST return the postcard to share in the Settlement Fund.


If you have sent in your postcard, you will receive a blue Notice with Claim Form. The blue Claim Form will list the drugs and dates that Centers for Medicare and Medicaid Services (“CMS”) supplied and if this is correct, you do NOT need to send in the blue Claim Form to share in the Settlement Fund. However, if the information supplied by CMS is incorrect, please correct the Claim Form, sign it and mail it to the Claims Administrator.


Due Date for Filing a Claim**: No due date has been determined.

Exclude Yourself:

Get out of the Class.


If you do not wish to be a member of the Settlement Class, you must sign a Request For Exclusion form as outlined in the Notice of Proposed Class Action Settlement Question 7 .


Due Date for Request for Exclusion form**: No due date has been determined.

Object or Comment to the Proposed Settlement:

Object or Comment without excluding yourself.


You can tell the Court if you do not like this Proposed Settlement or some part of it if you do not exclude yourself. To object or comment, you must file or serve a letter as outlined in the Notice of Proposed Class Action Settlement Question 8 .


Due Date for Objections: No due date has been determined.

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