CHICAGO, March 11, 2022 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.
Who Is Included In The Class?
All Third-Party Payor entities (“TPPs”) within the Brand Subclass or the Generic Subclass defined herein that, for consumption by their members, employees, insureds, participants, or beneficiaries, and not for resale, indirectly purchased, paid and/or provided reimbursement for some or all of the purchase price of 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 AL, AZ, CA, DC, FL, HI, IL, IA, KS, ME, MI, MN, MS, NE, NV, NH, NM, NY, NC, ND, OR, PR, RI, SD, TN, UT, VT, VA, WV and WI from November 15, 2014 (the “but-for generic entry date”) through November 18, 2019.
Brand Subclass: TPPs that indirectly purchased, paid and/or provided reimbursement for some or all of the purchase price of brand Zetia purchased between the but-for generic entry date and December 11, 2016, inclusive. Excluded from the Brand Subclass are Optum Health Part D Plans, Silverscript Part D Plans, Emblem Health Part D, Humana Part D Plans, Optum Health Managed Care Plans, and any TPPs that used one of these plans or OptumRx as its pharmacy benefits manager (“PBM”) during this subclass period.
Generic Subclass: TPPs that indirectly purchased, paid and/or provided reimbursement for some or all of the purchase price of generic ezetimibe purchased between the generic entry date (December 12, 2016) and November 18, 2019, inclusive.
You are NOT a member of the Class if you: (i) are one of the Defendants or their subsidiaries, or affiliates; (ii) are a federal or state governmental entity, excluding cities, towns, municipalities, or counties with self-funded prescription drug plans; (iii) purchased Zetia or generic Zetia, for purposes of resale or directly from Defendants or their affiliates; (iv) are a fully insured health plan (i.e., Plans that purchased insurance from another third-party payor covering 100% of the Plan’s reimbursement obligations to its members); or (v) are a Pharmacy Benefits Manager. In addition, you are excluded from the Brand Subclass if you are among any of the following: Optum Health Part D Plans, Silverscript Part D Plans, Emblem Health Part D, Humana Part D Plans, Optum Health Managed Care Plans, and any TPPs that used one of these plans or OptumRx as its pharmacy benefits manager (“PBM”) during this subclass period.
YOUR RIGHTS AND OPTIONS
DO NOTHING: By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But you give up any rights to sue the Defendants separately about the same legal claims in this lawsuit.
ASK TO BE EXCLUDED: If you are a TPP Class member, you have the right to exclude yourself (to opt out) from the TPP Class no later than May 10, 2022. If you ask to be excluded and money or benefits are later awarded in this class action lawsuit, you will not share in those. But you would keep any rights to sue the Defendants separately about the claims in this lawsuit. Details on how to request exclusion are at www.InReZetiaAntitrustLitigation.com.
This article was shared with Prittle Prattle News as a Press Release by PRNewswire.
