NEW YORK -- The following was released today by Cafferty Faucher LLP
The Law Firms of: Wexler Toriseva Wallace LLP Heins Mills & Olson PLC Hoffman & Edelson, LLC Cafferty Faucher LLP
announce the proposed settlement of a California Class of Consumers and Third Party
COURT-ORDERED LEGAL NOTICE
If you purchased or paid for Premarin[R] in California since March 24, 1999, this Notice may affect your rights.
What is the Class Action Lawsuit About?
The lawsuit claims that the Defendants, Wyeth and Wyeth Pharmaceuticals, Inc. ("Wyeth"), the manufacturer of Premarin[R], violated a number of California laws concerning unfair competition. Plaintiffs claim that Wyeth entered into exclusive rebate contracts with managed care organizations such as HMOs, insurance companies, and pharmacy benefit managers ("Third-Party Payors").
No Question is Raised about the Safety or Effectiveness of Premarin[R] in This Lawsuit.
What Individuals are Class Members?
The Class includes all persons or entities who, during the period from March 24, 1999 to April 3, 2007, purchased, paid for, or reimbursed for Premarin[R] purchased in the State of California for consumption by themselves, family members or covered individuals (including members, beneficiaries, employees and insureds) and who suffered economic loss thereby as a result of allegedly anticompetitive conduct by Defendants. Excluded from the Class are Defendants and their respective subsidiaries and affiliates, all governmental entities, and all persons or entities that purchased Premarin[R]: (i) for purposes of resale, or (ii) directly from any of the Defendants. The Class also excludes those Class Members who have properly opted out of the Class.
What do Defendants say about the lawsuit?
Defendants deny that they committed any violation of law or any wrongdoing or that they have any liability with respect to Plaintiff or the Class. In fact, Defendants won in a related class action. However, Defendants have agreed to this Proposed Settlement to avoid the risks and expense of continuing the case.
What Are the Terms of the Proposed Settlement?
Wyeth has agreed to pay $5.2 million to settle this case ("Settlement Fund"). After deductions of Court-approved costs and expenses from this Settlement Fund, forty percent (40%) of the Settlement Fund will be paid to consumers, and sixty percent (60%) of the Settlement Fund will be paid to Third-Party Payors.