In re Lidoderm Antitrust Litigation

FAQs

  1. Why did I get the Notice?
  2. What is the lawsuit about?
  3. What is the Current Status of the Lawsuit?
  4. How do I know if I am a Class Member?
  5. What are my options as a Class Member?
  6. How do I Object to the Settlement?
  7. What happens if I do nothing at all?
  8. How do I file a Claim?
  9. When is the Fairness Hearing to decide whether to approve the Settlements?
  10. As a member of the End-Payor Class, do I have a lawyer representing my interest?
  11. How will the lawyers be compensated, and will the named plaintiffs receive an incentive award?
  12. Where can I get more information?
  1. Why did I get the Notice?

    You received a notice because you may have purchased or paid for branded or generic Lidoderm (lidocaine patch 5%) between August 23, 2012 and August 1, 2014.  .   If so, you have a right to know about three, separately proposed settlements of the Lawsuit (the “Settlements”), and about all of your options, before the Court decides whether to approve the Settlements.  If the Court approves the Settlements, after objections and any appeals are resolved, an administrator appointed by the Court will make payments to the members of the End-Payor Class in accordance with the Settlements.

    This website and Notice explains the Lawsuit, the End-Payor Class, and your legal rights and options.  You should read the entire notice carefully.

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  2. What is the lawsuit about?

    This lawsuit is about whether Defendants entered into an anticompetitive agreement to delay the availability of allegedly less expensive generic versions of Lidoderm.  End-Payor Plaintiffs allege that, as part of settlement of a patent lawsuit that Endo and Teikoku brought against Watson, Endo and Teikoku agreed to pay Watson to not to start selling an authorized generic version of Lidoderm from August 2012 until September 2013 (the “Patent Settlement”).  End-Payor Plaintiffs contend that the Patent Settlement  was anticompetitive and violated state laws in the Class States. 

    A copy of the operative End-Payor Plaintiffs’ Corrected Third Consolidated Amended Complaint and other important court documents are available on this website on the Courts Document Tab.

    Defendants deny these claims and deny they did anything wrong. Defendants assert that the Patent Settlement did not violate antitrust laws. Defendants assert that Defendants’ conduct has not delayed the entry of generic versions of Lidoderm into the market. The Settlements are not an admission of wrongdoing and no court or other authority has found that Defendants engaged in any wrongdoing. 

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  3. What is the Current Status of the Lawsuit?

    There was no trial.  The Court did not decide in favor of End-Payor Plaintiffs or Defendants.  Instead, End-Payor Plaintiffs and Defendants agreed to these Settlements.  That way, both sides avoid the cost and risk of a trial. As a result of these Settlements, eligible members of the End-Payor Class will be guaranteed compensation without undue delay. The Class Representatives and their attorneys think the Settlements are best for all members of the End-Payor Class.

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  4. How do I know if I am a Class Member?

    There are two categories of End-Payor Class Members in this matter; Consumer and Third-Party Payor End-Payor Class Members. 

    As a Consumer, you may be a member of the End-Payor Class if:

    • You are a person in the United States and its territories who, in Arizona, California, Florida, Kansas, Maine, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, West Virginia, or Wisconsin and for consumption by yourself or your family member, paid for some or all of the purchase price of:
      • Branded Lidoderm for the time period August 23, 2012 through September 14, 2013; and/or
      • AB-rated generic Lidoderm for the time period September 15, 2013 through August 1, 2014.
    • As a Consumer, you are NOT a member of the End-Payor Class if:
      • You are one of the Defendants and their officers, directors, management, employees, subsidiaries, and affiliates;
      • After September 15, 2013, you paid and/or provided reimbursements for branded Lidoderm and did not purchase or reimburse for generic Lidoderm;
      • You purchased Lidoderm or generic Lidoderm only via a “single flat co-pay,” i.e. a fixed dollar co-payment that does not vary on the basis of the purchased drug’s status as branded or generic (e.g., $20 for both branded and generic drugs);
      • You purchased Lidoderm or generic Lidoderm only after September 15, 2013, via a “flat generic co-pay, i.e. a fixed dollar copayment (e.g., $10 for generic drugs) regardless of the co-payment applicable to branded drugs;
      • You purchased or received Lidoderm or its AB-rated generic equivalent through a Medicaid program only; or
      • You are one of the judges in this case or a member of their immediate families.

    As a Third-Party Payor, you may be a member of the End-Payor Class if:

    • You are an entity in the United States and its territories who, in Arizona, California, Florida, Kansas, Maine, Massachusetts, Minnesota, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, West Virginia, or Wisconsin and for consumption by your insureds, plan participants or beneficiaries, paid and/or provided reimbursements for some or all of the purchase price of:
      • Branded Lidoderm for the time period August 23, 2012 through September 14, 2013; and/or
      • AB-rated generic Lidoderm for the time period September 15, 2013 through August 1, 2014.
    • If not already included in the above categories, the End-Payor Class also includes third-party payors CVS Caremark, Cigna, Envision Pharmaceutical Services, MedImpact Healthcare Systems, Inc., Comprehensive Health Management, Inc. Part D, and Express Scripts Senior Care to the extent they provided, under their Medicare Part D plans, reimbursements for some or all of the price of branded Lidoderm purchased in Class States for the time period September 15, 2013 through August 1, 2014.
    • As a Third-Party Payor, you are NOT a member of the End-Payor Class if:
      • You are one of the Defendants and their officers, directors, management, employees, subsidiaries, and affiliates;
      • After September 15, 2013, you paid and/or provided reimbursements for branded Lidoderm and did not purchase or reimburse for generic Lidoderm, except third-party payors CVS Caremark, Cigna, Envision Pharmaceutical Services, MedImpact Healthcare Systems, Inc., Comprehensive Health Management, Inc. Part D, or Express Scripts Senior Care for their Part D insurance;
      • You are a government entity, other than a government-funded employee benefit plan;
      • You are a fully insured health plan (i.e., a plan that purchased insurance that covered 100 percent of the plan's reimbursement obligations to all of its members);
      • You are a pharmacy benefit manager; or
      • You are one of the judges in this case or a member of their immediate families.

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  5. What are my options as a Class Member?

    If you are a member of the Class, you can choose to file a claim, do nothing or object to the Settlements.

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  6. How do I Object to the Settlement?

    If you’re a member of the End-Payor Class, you can ask the Court to deny approval of one or more of the Settlements by filing an objection.  You can’t ask the Court to order larger settlements; the Court can only approve or deny the Settlements.  If the Court denies approval of a Settlement, no settlement payments will be sent out related to that Settlement and the Lawsuit will continue against any Defendant(s) that are a party to the Settlement for which approval is denied.  If that is what you want to happen, then you should object. If the Court rejects your objections, you will still be bound by the Settlement.

    You may object to one or more of the Settlements in writing.  All written objections should (a) include your name, address, telephone number, and your signature, (b) clearly identify the Settlement(s) to which the objection pertains, (c) explain the reason(s) for your objection, (d) clearly identify the case name and number (In re Lidoderm Antitrust Litig., Case Number 14-md-2521) and (e) be mailed to:

    Clerk of Court

    United States District Court for the Northern District of California

    450 Golden Gate Avenue, 17th floor

    San Francisco, CA 94012

     

    Your objection should be postmarked no later than August 21, 2018.

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  7. What happens if I do nothing at all?

    Unless you submit a claim form, you’ll get no money from the Settlements. 

    If you are a part of the End-Payor Class, you are not able to start a lawsuit, continue with a lawsuit, or be a part of any other lawsuit against Defendants about the claims released in these Settlements.  Class Members are releasing the Released Claims regardless of whether or not they submit a claim form.

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  8. How do I file a Claim?

    To qualify for a payment, you must send in a claim form.  A claim form is attached to the Notice you received.  You may also complete a claim form by filing your claim on this website on the File a Claim tab.  Read the instructions carefully, fill out the form, include all the documents the form asks for, sign it, and submit the claim form on the website or mail it postmarked no later than October 1, 2018.

    Electronically submitted claims forms allow for faster claims processing.  Please fill out the form on this website if you are able to.  Third-Party Payors MUST submit their claims electronically.

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  9. When is the Fairness Hearing to decide whether to approve the Settlements?

    The Court will hold a Fairness Hearing at 2:00 p.m. on September 12, 2018, in Courtroom 2, United States District Court for the Northern District of California, 450 Golden Gate Ave., San Francisco, California, 94102.  At this hearing the Court will consider whether the Settlements are fair, reasonable, and adequate.  If there are objections, the Court will consider them.  Judge Orrick will listen to people who have asked to speak at the hearing.  The Court may also decide how much to pay to Co-Lead Counsel.  After the hearing, the Court will decide whether to approve the Settlements.  We do not know how long these decisions will take.  The date of the Fairness Hearing may change without further notice.  If you are interested in attending the hearing, you should check the settlement website or the court website to confirm that the date has not changed.

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  10. As a member of the End-Payor Class, do I have a lawyer representing my interest?

    Yes. The Court has appointed the below law firms to serve as Co-Lead Counsel for the End-Payor Class.  Co-Lead Counsel are experienced in handling similar cases against other companies. The contact information for Co-Lead Counsel is:

     

    Dena C. Sharp

    GIRARD GIBBS LLP

    601 California Street, 14th Fl.

    San Francisco, CA 94108

    Telephone: (415) 981-4800

    Facsimile: (415) 981-4846

    Renae D. Steiner

    HEINS MILLS & OLSON, P.L.C.

    310 Clifton Avenue

    Minneapolis, MN 55403

    Telephone: (612) 338-4605

    Facsimile: (612) 338-4692

    Sharon K. Robertson

    COHEN MILSTEIN SELLERS & TOLL PLLC

    88 Pine Street, 14th Fl.

    New York, New York 10005

    Telephone: (212) 838-7797

    Facsimile: (212) 838-7745

     

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  11. How will the lawyers be compensated, and will the named plaintiffs receive an incentive award?

    Co-Lead Counsel will ask the Court to approve a payment of up to one-third of the Settlement Fund to them and other attorneys for the End-Payor Class for attorneys’ fees.  The fees would pay the attorneys for investigating the facts, litigating the case, and negotiating the Settlements.  Co-Lead Counsel will also request the reimbursement of expenses the attorneys have advanced on behalf of the End-Payor Class, including the costs of administering the settlement, in an amount not to exceed $5,000,000.  The expenses for which Co-Lead Counsel anticipates requesting reimbursement include up to $1,300,000 for providing notice of the settlement to the End-Payor Class, receiving and processing claims, and distributing funds to eligible claimants. Co-Lead Counsel also intend to seek service awards for each of the nine Class Representatives of no more than $10,000 each.  The Court may award less than these amounts, but these are the maximum amounts Co-Lead Counsel will request. 

     Any Court-approved fees, expenses, and service awards will be deducted from the Settlement Fund.  Members of the End-Payor Class will not otherwise have to pay any attorneys’ fees or expenses in connection with the Lawsuit or the Settlements.

     

    Co-Lead Counsel will file their motion for the payments of fees, expenses, and service awards by July 31, 2018.  The motion will include detailed information concerning the requested fees and expenses.  The motion will be available on the Court Documents tab or you can call the Notice Administrator toll-free at 1-866-700-0414 or by email at info@lidodermantitrustlitigation.com to obtain a copy.  You can object to Co-Lead Counsel’s motion by following the same steps explained in Question 8 with respect to objecting to one or more of the settlements.       

    You do not need to hire your own lawyer because Co-Lead Counsel are working on your behalf.  However, if you wish to do so, you may retain your own lawyer at your own expense.

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  12. Where can I get more information?

    For more detailed information about this lawsuit, copies of the End-Payor Plaintiffs’ complaint, the Court’s order certifying the End-Payor Class, and other filings can be found on this website on the Court Documents tab.  Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Office of the Clerk of Court, United States District Court for the Northern District of California, 450 Golden Gate Avenue, 17th floor, San Francisco, CA 94012 during normal business hours.

    Additional information about the Lawsuit is available in the Class Notice on the Class Notice tab or you can call the Notice Administrator toll-free at 1-866-700-0414 or email the Notice Administrator at info@lidodermantitrustlitigation.com.

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