|
| [July 18, 2005] |
 |
Law Firms of Wexler Firm LLP, Heins Mills & Olson PLC, Hoffman & Edelson, LLC, Miller Faucher and Cafferty LLP, and Hagens Berman Sobol Shapiro LLP Announce the Certification of a Class of California Purchasers of the Drug Premarin(R)
NEW YORK --(Business Wire)-- July 18, 2005 -- The following was released today by Miller Faucher and Cafferty LLP.
The Law Firms of:
Wexler Firm LLP
Heins Mills & Olson PLC
Hoffman & Edelson, LLC
Miller Faucher and Cafferty LLP
Hagens Berman Sobol Shapiro LLP
...announce the certification of a California Class of Consumers and Third Party Payors who purchased or paid for Premarin(R) dispensed pursuant to prescriptions.
COURT-ORDERED LEGAL NOTICE
If you purchased or paid for Premarin(R) in California since March 24, 1999, this Notice may affect your rights.
If you purchased, paid for or reimbursed for the purchase of the prescription drug Premarin(R) in California since March 24, 1999, you may be affected by a class action lawsuit pending in the Superior Court of California for the County of San Francisco styled Elizabeth Blevins v. Wyeth-Ayerst Laboratories, Inc. and American Home Products Corp., Case No. 324380. This Notice is to inform you of the Court's certification of a Plaintiff Class, the nature of plaintiff's claims, and your right to participate in, or exclude yourself from, this Class. The Court's certification does not mean that any money necessarily will be obtained for members of the Class. The ruling means only that the final outcome of the lawsuit, whether favorable or unfavorable, will be binding on all Class Members unless they have requested to be excluded from the case in the manner described below.
What Is This Case About? Premarin(R) is a conjugated estrogens product prescribed by doctors to relieve the symptoms associated with menopause and to prevent osteoporosis in postmenopausal women. Wyeth-Ayerst Laboratories, Inc. and American Home Products Corporation manufacture Premarin(R) and are Defendants in this case. Plaintiff alleges that the Defendants violated California's antitrust and unfair competition laws by engaging in anti-competitive and exclusionary conduct that blocked consumer access to Cenestin(R), which was an alternative to Premarin(R). Specifically, Plaintiff alleges that Wyeth's contracts with third-party payors violate state antitrust and unfair competition laws. Plaintiff does not challenge the safety or efficacy of Premarin(R). Defendants deny Plaintiff's allegations and contend that their conduct was legal. The Court has not yet determined whether Plaintiff's or Defendants' contentions are correct. No trial date has been scheduled.
Am I Affected By This Litigation? Two types of persons or entities may be affected by this litigation: consumers and third-party payors of Premarin(R).
Consumer plaintiffs are individuals who paid for some or all of the price of the prescription drug Premarin(R) in California at any time since March 24, 1999.
Third-party payor plaintiffs are entities such as insurance companies, union health and welfare benefit plans and other organizations that paid for or reimbursed for all or part of the cost of a member's Premarin(R) prescription in California since March 24, 1999.
Excluded from the Class are all persons who obtained Premarin(R) through the MediCal Prescription Drug Program, the Defendants (along with their parents, subsidiaries, or affiliates), all governmental entities, and all persons or entities that purchased Premarin(R) directly from the Defendants or for purposes of resale. Consumers and third-party payors who suffered no economic loss as a result of allegedly anticompetitive conduct by Wyeth are also excluded from the Class.
Who Represents Me In This Case? The Court appointed Elizabeth Blevins as class representative for all claims. The Court designated and appointed the following law firms as Class Counsel: The Wexler Firm LLP, Heins Mills & Olson PLC, Hoffman & Edelson, LLC, Miller Faucher and Cafferty LLP, and Hagens Berman Sobol Shapiro LLP.
How Do I Remain A Class Member? You Need Not Do Anything At This Time. If you fit within the definition of the Class and wish to remain a member of the Class bringing the lawsuit, you do not have to do anything at this time. As a Class Member, you will be bound by all orders and judgments of the Court. Any claims you have against Defendants concerning the allegations summarized in this Notice will be determined by the final resolution of the case. By sending your name, address and telephone number to Premarin Class Action, c/o Complete Claim Solutions, Inc., P.O. Box 24634, West Palm Beach, FL 33416, you will be placed in a database to receive direct mail notice of any judgment or settlement favorable to the class. You do not have to pay the Class attorneys. If a recovery from the Defendants is obtained, Class Counsel will ask the Court to order reasonable attorneys' fees and costs to be paid by Defendants or from any funds recovered. You may hire your own attorney at your own expense and/or seek the Court's permission to intervene or personally appear in the action.
How Do I Exclude Myself From The Class? If you are a consumer or an authorized representative of a third-party payor, and you want to be excluded from the Class, you must mail a signed letter asking to be excluded to Premarin Claims Exclusions, c/o Complete Claim Solutions, Inc., P.O. Box 24634, West Palm Beach, FL 33416. Please include your name, the name of the person or entity seeking exclusion, an address and telephone number. All exclusion requests must be postmarked by October 31, 2005. If you exclude yourself, you cannot participate in any monetary recovery for the Class, and you will not be bound by any Court orders or judgments. If you wish to remain a member of the Class, DO NOT submit a Request for Exclusion.
What If I Have Questions Or Want More Information About This Case? Visit the website at www.premarinclassaction.com, or write to Premarin Class Action, c/o Complete Claim Solutions, Inc., P.O. Box 24634, West Palm Beach, FL 33416. The website contains the complaint, Defendants' answer, the order certifying the Class and a list of frequently-asked questions and answers. All Court records may be examined in person and copied at the Clerk's office, San Francisco Superior Court, Clerk's office, San Francisco Superior Court, Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102-4514.
[ Back To TMCnet.com's Homepage ]
|
Find Solutions for Enterprises, SMBs & Service Providers at the INTERNET TELEPHONY Conference and EXPO West, September 16-18, 2008. Los Angeles, California.
