PHILADELPHIA, July 10,
2024 /PRNewswire/ --
NastLaw LLC announces: If you purchased
certain named generic pharmaceutical drugs directly from
certain pharmaceutical manufacturers from May 1, 2009 through December 31, 2019, your rights may be
affected by a proposed class action settlement.
A federal court authorized this notice. This
is not a solicitation from a lawyer.
What is the lawsuit about? A proposed Settlement
has been reached in a class action lawsuit ("the Lawsuit"), which
alleges that Sandoz Inc. and Fougera Pharmaceuticals
Inc. (collectively "Settling Defendants") and other generic drug
manufacturers violated the federal antitrust laws by conspiring to
fix, maintain, and stabilize prices, rig bids, and engage in market
and customer allocations of certain generic drugs (the "Named
Generic Drugs"), causing direct purchasers of the Named Generic
Drugs to pay more than they should have. The Settling Defendants
deny liability as alleged in the Lawsuit. The Court
has not decided who is right. The proposed Settlement does not
resolve any of the claims of the Settlement Class against the
remaining Defendants. The Lawsuit against the remaining Defendants
is ongoing.
Who is included? The Court has certified a Settlement
Class that includes all persons or entities, and their successors
and assigns, that directly purchased one or more of the Named
Generic Drugs from one or more Current or Former Defendants in
the United States and its
territories and possessions, at any time during the period from
May 1, 2009 through December 31, 2019. Excluded from the Settlement
Class are Current and Former Defendants and their present and
former officers, directors, management, employees, subsidiaries, or
affiliates, judicial officers and their personnel, and all
governmental entities. The Settlement Agreement listing the Named
Generic Drugs and Current and Former Defendants is available on the
Settlement website: GenericDrugsDirectPurchaserSettlement.com. The
Settlement Agreement also is on public file with the United States District Court for the
Eastern District of Pennsylvania,
601 Market Street, Philadelphia,
PA 19106 in the case In re: Generic Pharmaceuticals
Pricing Antitrust Litigation, Case No. 2:16-MD-02724.
What does the settlement provide? The proposed Settlement
provides for a $265,000,000.00
payment by Settling Defendants ("Settlement Fund"). The
Settlement Fund may be reduced to $233,200,000.00 or increased to a maximum of
$327,351,850.00 under certain
circumstances as explained in the Settlement Agreement. In
addition, the Direct Purchaser Plaintiff ("DPP") attorneys who have
worked on the Lawsuit for the Settlement Classes will seek Court
approval to pay expenses, and service awards for the class
representatives (or named plaintiffs) out of the Settlement Fund.
DPP attorneys will also request attorneys' fees of up to one-third
of the net Settlement Fund, including interest, after expenses (and
service awards) are deducted, and any portions of the Settlement
Funds created from DPPs' prior Settlements that have been set aside
pursuant to Court Order. Any motion for fees, expenses and
service awards will be posted on the Settlement website
GenericDrugsDirectPurchaserSettlement.com. no later than
November 22, 2024. The calculations
of the dollar amount that each Settlement Class Member will be paid
from the Settlement Fund are set forth in the Plan of Allocation,
which also is available on
GenericDrugsDirectPurchaserSettlement.com.
What are your options? If you are a Settlement Class
Member and you do nothing, you will remain in the Settlement Class
and are eligible to participate in the Settlement as described in
this notice, if the Settlement is approved. However, you will need
to complete, sign, and return the claim form (once it is sent to
you) in order to obtain a payment. We do not know when the
claim forms will be mailed. You should check
GenericDrugsDirectPurchaserSettlement.com for information regarding
timing. If you did not receive a Notice in the mail,
and you think you are a potential Settlement Class Member, please
identify yourself or your company by letter to the following
address: In re: Generic Pharmaceuticals Pricing Antitrust
Litigation – Direct Purchasers, c/o A.B. Data, Ltd., P.O. Box
173095, Milwaukee, WI 53217.
Or send an email to info@GenericDrugsDirectPurchaserSettlement.com,
or call 877-315-0583. You may be required to submit proof of a
qualifying direct purchase to establish that you are a Settlement
Class Member. Such claimants may also be required to submit
purchase data as part of the claims process. As a Settlement Class
Member, unless you opt out of the Settlement, you will be bound by
all orders and judgments of the Court.
In addition, if you are a Settlement Class Member, you may
request exclusion from (or opt out of) the Settlement, and if you
do not opt out, you may also object to the Settlement.
Instructions for opting-out or objecting can be found in the
publicly available case file and website, as described above.
You must mail your request to opt out or your objection by
October 8, 2024. The Court will hold
a Fairness Hearing on March 17, 2025,
to decide whether to approve the Settlement and any requests for
fees, expenses, and service awards for the Class Representatives.
The Court will also consider a Plan of Allocation for distributing
the Settlement Fund to Settlement Class Members. If there are
objections, the Court will consider them at the hearing. You
do not need to attend the hearing. If you wish to appear at
the hearing, you must file a "Notice of Intention to Appear" with
the Court and you may hire your own attorney to appear in Court for
you at your own expense.
For more information: Go to the website:
GenericDrugsDirectPurchaserSettlement.com or call 877-315-0583 for
more information on the Settlement, the lawsuit, and your potential
rights and options related to the Settlement, and the Plan of
Allocation. The website includes, for example, a list of the
generic drugs that you would have had to purchase and a list of the
generic manufacturers that you would have had to purchase
directly from in order to be eligible for a
payment.
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SOURCE Nast Law LLC