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

Class 3 (Private Insurance) Consumer Home Page



**UPDATE**


The Settlement has been approved. To download the signed Final Order. click here

The Court considered the Proposed Settlement at hearings held June 13, 2011, July 7, 2011, and August 8, 2011. The Court considered whether certain changes to the Proposed Settlement should be made, including providing more money to the Class B Drugs. Plaintiffs subsequently presented a revision to the Court, which the Court approved on a preliminary basis. The Revised Notice will inform you of changes in the terms of the Proposed Settlement.

Click Here for the Full Revised Consumer Notice

The deadline to file a claim has passed. However if you have not yet filed a claim you may still do so although the claim will be deemed "late" and will require court approval to be paid if otherwise eligible.

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:

  1. 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;
  2. 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
  3. 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 Settlement?

The Court held a hearing on April 27, 2009 at 2:00 p.m. to consider whether it is fair, reasonable and adequate. The Court is yet to approve the 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 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 wish to remain a member of the Settlement Class and share in the Settlement Fund you must file a claim as outlined in the Notice of Class Action Settlement Question 5 .


Due Date for Filing a Claim: The deadline has passed. To be considered timely claims needed to be postmarked on or before February 1, 2010. However if you have not yet filed a claim you may still do so although the claim will be deemed "late" and will require court approval to be paid if otherwise eligible.

Exclude Yourself:

Get out of the Class.


If you do not wish to be a member of the Settlement Class, you must follow the instructions for a Request for Exclusion as outlined in Question #3 of the Revised Notice.


Request for Exclusion must be postmarked no later than October 21, 2011.

Object or Comment to the Settlement:

Object or Comment without excluding yourself.


If you have comments about, or disagree with, any aspect of the revision of the Proposed Settlement, you may express your views to the Court. You must do this in writing. Please follow the instructions for Objecting/Commenting as outlined in Question #4 of the Revised Notice.


Objections must be filed/served on or before October 21, 2011.

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