If you are a Third-Party Payor which indirectly purchased, paid, or provided reimbursement for some or all of the price of brand Zetia or its AB-rated generic equivalents, you could receive a payment from a class action lawsuit.
If You Purchased Branded or Generic Zetia
A Class Action Lawsuit May Affect Your Rights
A class action lawsuit is pending in the U.S. District Court for the Eastern District of Virginia, Norfolk Division
(the “Court”). Plaintiffs in the lawsuit, The City of Providence Rhode Island, International Union of Operating Engineers
Local 49 Health & Welfare Fund, Painters District Council No. 30 Health & Welfare Fund, Philadelphia Federation of Teachers
Health & Welfare Fund, The Uniformed Firefighters’ Association of Greater New York Security Fund and the Retired
Firefighters’ Security Benefit Fund of the Uniformed Firefighters’ Association, Sergeants Benevolent Association
Health & Welfare Fund, and United Food and Commercial Workers Local 1500 Welfare Fund, on behalf of themselves and all
others similarly situated (the “Plaintiffs”), claim that Defendants, Merck & Co., Inc.; Merck Sharp & Dohme Corp.;
Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals,
Ltd.; and Glenmark Pharmaceuticals Inc., USA incorrectly identified as Glenmark Generics Inc., USA (the “Defendants”),
harmed competition and violated state antitrust, consumer protection, and unjust enrichment laws in certain U.S. states.
Plaintiffs allege that Defendants unlawfully delayed the availability of allegedly less-expensive generic versions of Zetia
and that Defendants’ alleged conduct caused third-party payors to pay too much for branded and generic Zetia in the states
(defined below). Defendants deny any wrongdoing.
The Court has preliminarily approved the proposed settlement between the End-Payor Class and Defendants (the “Settlement”).
The proposed Settlement will provide for the payment of $70 million (the “Settlement Fund”) to resolve the End-Payor Class claims
against Defendants. The full text of the proposed Settlement Agreement, which is dated as of April 19, 2023, is available on
the Court Documents page.
The Court will hold a Fairness Hearing at 12:00 p.m. on September 21, 2023, before Judge Rebecca Beach Smith and/or Magistrate
Judge Douglas E. Miller in Courtroom 4 at the U.S. District Court for the Eastern District of Virginia, Norfolk Division,
Walter E. Hoffman United States Courthouse, 600 Granby St., Norfolk, Virginia 23510. At this hearing, the Court will consider
whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. After the hearing,
the Court will decide whether to give final approval to the proposed Settlement.
WHO IS INCLUDED IN THE SETTLEMENT CLASS?
You may be a member of the End-Payor Class if you are a third-party payor and you purchased, paid, and/or provided reimbursement
for brand Zetia or its AB-rated generic equivalents in any form, that was sold through a retail pharmacy, including mail-order
pharmacies and long-term care pharmacies, in Alabama, Arizona, California, District of Columbia, Florida, Hawaii, Illinois, Iowa,
Kansas, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina,
North Dakota, Oregon, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wisconsin
from November 15, 2014 (the “but-for generic entry date”) through November 18, 2019.
The exact End-Payor Class definitions and exceptions to End-Payor Class membership, is available in the
Notice
.
| YOUR LEGAL RIGHTS AND OPTIONS | |
|---|---|
| DO NOTHING | If you are a member of the End-Payor Class, by doing nothing you will remain in the End-Payor Class but will not be entitled to share in any distribution from the Settlement Fund. You will be bound by any decision of the Court in this Lawsuit, including rulings on the Settlement. See Question 11 of the Notice. |
| SUBMIT A CLAIM FORM | If you did not exclude yourself from the End-Payor Class prior to the May 10, 2022 deadline and believe you are a Class Member, and want to participate in the distribution of the Net Settlement Fund, you will need to complete and return a Claim Form to obtain a share of the Settlement Fund. The Claim Form, and information on how to submit it, are available on Claim Form page of this website. Claim Forms must be postmarked (if mailed) or received (if submitted online) on or before August 7, 2023. |
| OBJECT TO THE SETTLEMENT OR SPEAK AT THE FAIRNESS HEARING | If you object to all or any part of the Settlement, request for attorneys’ fees, reimbursement of expenses, or incentive awards to the Class Representatives, or desire to speak in person at the Fairness Hearing, you must file a written letter of objection and/or a notice of intention to speak along with a summary statement with the Court and with Co-Lead Counsel and counsel for the Defendant by August 7, 2023. See Question 10 of the Notice. |
