If You Bought or Provided Reimbursement for the Anticoagulant Medications Lovenox® or Generic Enoxaparin Between September 21, 2011 and September 30, 2015 You Could Get Money from Class Action Settlements Totaling $120 Million
Proposed Settlements totaling $120 million have been reached in a class action lawsuit regarding the price that uninsured consumers, hospitals, and third-party payors paid for Lovenox® or generic enoxaparin. The lawsuit asserts that Defendants kept the prices of Lovenox® and generic enoxaparin higher than they otherwise would have been by manipulating the generic approval process. Defendants deny any wrongdoing.
No one is claiming that Lovenox® or generic enoxaparin are unsafe or ineffective.
Who is included?
The Class includes:
- Hospitals, third-party payors, and people without insurance who indirectly purchased, paid for, and/or reimbursed some or all of the purchase price for Lovenox® or generic enoxaparin;
- In Arizona, Arkansas, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin;
- From September 21, 2011 through September 30, 2015;
- For the purpose of personal consumption by themselves, their families, or their members, employees, insureds, participants, patients, beneficiaries, or anyone else.
In addition to hospitals, the Class only includes third-party payors and people without insurance who purchased, paid for, and/or reimbursed some or all of the purchase price for Lovenox® or generic enoxaparin from a pharmacy. This means that third-party payors and people without insurance will only be able to recover damages, if at all, for Lovenox® or generic enoxaparin dispensed from a pharmacy.
What do the Settlements provide?
The Defendants will pay a total of $120 million into a Settlement Fund to settle all claims in the lawsuit brought on behalf of the Class.
Class Counsel will ask the Court to award attorneys’ fees in an amount not to exceed 33% of the Settlement Fund, plus interest, litigation expenses, and service awards to the Class Representatives. After these deductions, the remainder of the Settlement Fund will be distributed pro rata to Class Members who file a valid Claim Form. The amount of money each Class Member receives will depend on how much each Class Member paid for Lovenox® or generic enoxaparin from September 21, 2011 through September 30, 2015, compared to the amount paid by all other Class Members who file valid and timely Claim Forms.
How do I get a payment?
You must submit a Claim Form by July 3, 2020 to be eligible for a payment. See below.
What are my other rights?
If the Settlements are approved, you will not be able to sue the Defendants for any claim relating to the lawsuit. You may object to the Settlements by March 16, 2020. The Court will hold a hearing on May 29, 2020 at 1:00 p.m. Central Time to consider whether to approve the Settlements and a request for attorneys’ fees, expenses, and incentive awards. The Court has appointed attorneys to represent the Class. You or your own lawyer may ask to appear and speak at the hearing at your own expense. These deadlines may be amended by Court Order, so check the litigation website noted below.
For more information and a Claim Form:
Lieff Cabraser Heimann & Bernstein, LLP