Solodyn Antitrust Litigation
Solodyn Antitrust Litigation
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UPDATE:  Please note the deadline to exclude yourself from or object to one or both Settlements has been updated to July 27, 2017.  Please continue to check the website regularly for updates that pertain to these Settlements. 

The Fairness Hearing has been rescheduled for 11/27/2017 at 3:00 PM Eastern before Judge Denise J. Casper.

 

 

The information contained on this website is only a summary. You may download a copy of the full Notice by clicking here.

 

If you Purchased Solodyn and/or Its Generic Equivalent

Partial Settlements of a Class Action Lawsuit May Affect Your Rights

 

A court authorized this notice. This is not a solicitation from a lawyer.

 

Partial settlements have been reached in a class action lawsuit involving the antibiotic drug Solodyn. The lawsuit claims that Medicis Pharmaceutical Corp., Valeant Pharmaceuticals International, Inc., Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals Inc., and Sandoz Inc. (the “Defendants”) violated state competition (i.e. antitrust and consumer protection) and unjust enrichment laws by agreeing not to compete with each other and keeping lower-cost generic versions of Solodyn off the market. The Defendants deny this. No one is claiming that Solodyn is unsafe or ineffective.

 

To settle the lawsuit, Lupin Pharmaceuticals Inc. and Lupin Limited (“Lupin Defendants”) and Sandoz Inc. (“Sandoz”) have each agreed: (a) that they would be willing to provide certain witnesses that Plaintiffs could call and a declaration that the Plaintiffs could use during the Solodyn case involving the overall End-Payor Class, other Plaintiffs, and the Non-Settling Defendants; and (b) to deposit $625,000 and $1.75 million, respectively, into Settlement Funds. If the Settlements are approved by the Court and become final, the Settlement Funds, inclusive of interest, will be used to: (1) pay for costs and expenses incurred or to be incurred by Counsel in continuing the lawsuit against Medicis Pharmaceutical Corp., Valeant Pharmaceuticals International, Inc., and Impax Laboratories, Inc. (the “Non-Settling Defendants”); (2) cover taxable costs and taxes payable on the Settlement Funds; (3) pay for notice and other expenses; and (4) pay for service awards not to exceed $10,000 to the class representatives in recognition of their efforts to date on behalf of the Classes. Any remainder in the Settlement Funds, after the payment of the above expenses, shall be distributed to the End-Payor Class for the Lupin Settlement and the End-Payor Class for the Sandoz Settlement in a manner approved by the Court at the conclusion of the litigation. The Settlement Agreements, available under the Court Documents page of this website, contain more details. These Settlements involve only the Lupin Defendants and Sandoz. The case will continue against the Non-Settling Defendants.

 

Generally, you are included in the Classes if you purchased, paid and/or provided reimbursement for some or all of a Solodyn and/or its generic equivalent prescription in the United States and its territories, including Puerto Rico, in tablet form, from July 23, 2009, onward. Certain third-party payors are also members of the Classes.

 

You are NOT a member of the Classes if: you paid a “flat co-payment” for all of your prescription drug purchases regardless of whether they are brand or generic; you are one of the Defendants or an officer, director, manager, employee, subsidiary, or affiliate of any Defendant(s); you purchased only directly from Defendants or for resale purposes; you purchased or received Solodyn or its generic equivalent only through a Medicaid program; you are the judge in this lawsuit or a member of the judge’s immediate family; and/or you previously excluded yourself from the overall End-Payor Class.

 


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

EXCLUDE YOURSELF FROM EITHER OR BOTH SETTLEMENT CLASSES

This option allows you to exclude yourself from either or both Settlement Classes and instead you may file a lawsuit against the Lupin Defendants and/or Sandoz that asserts claims related to the allegations or claims in this case. The exclusion deadline is July 27, 2017.

objeCt TO EITHER OR BOTH SETTLEMENTS

Do not exclude yourself. Write to the Court and explain what you do not like about either or both of the Settlements. The objection deadline is July 27, 2017.

go to a hearing

Ask to speak in Court about the fairness of either or both of the Settlements. Your notice of intention to appear at the Final Approval Hearing must be postmarked no later than July 27, 2017.

do nothing

Remain in the Classes and give up rights to be part of any other lawsuit that asserts claims related to the allegations or claims against the Lupin Defendants or Sandoz in this case.

 

 

 

 

 

 

 


 

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