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1. What are Vytorin® and Zetia®? (top)
Vytorin® and Zetia® are prescription medications used to treat high cholesterol.
2. Who are the Defendants? (top)
The Defendants, the companies that the lawsuit is being brought against, are Merck
& Co., Inc., Schering-Plough Corporation, Merck/Schering-Plough Pharmaceuticals,
and certain other related entities.
3. What is the Class Action about? (top)
The Class Action alleges that Defendants violated consumer protection and other
laws in marketing Vytorin® and Zetia®. The Class Action alleges that this resulted
in consumers and insurers paying too much for these prescription drug products.
Defendants deny any wrongdoing and liability. They agreed to the Settlement to resolve
the controversy and to avoid the burden and expense of further litigation.
4. Who is a member of the Class?(top)
You are a member of the Consumer Sub-Class if you fit the definition below:
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All individual persons in the United States and its territories who, for purposes
other than for resale, purchased, used and/or paid for Vytorin® or Zetia® between
November 1, 2002 and September 17, 2009. Individuals “purchased” Vytorin® or Zetia®
if they paid or made a co-payment pursuant to the terms of a health insurance plan,
for some or all of the purchase amount. |
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Excluded from the Class are: (a) Defendants and their respective subsidiaries and
affiliates; (b) the United States and/or State governments and their agencies; (c)
individuals and entities that own or operate Pharmacy Benefits Managers (“PBMs”)
and third-party administrators (“TPAs”) and/or administrative service organizations
(“ASOs”) to the extent that, as part of their business operations they contract
with Third-Party Payors (“TPPs”) to perform administrative and/or management services
in connections with a TPP’s purchase of prescription drugs; (d) individuals and
entities that opt out of the Settlement in accordance with the procedures approved
by this Court; and (e) certain health plans that separately settled with Defendants,
called Independently Represented Health Plans (“IRHPs”).
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5. What does the Settlement provide?(top)
The Settlement and related Agreements provide that Defendants will pay $41,500,000.00
into a Settlement Fund. The fund will be divided into three parts:
- $12,450,000 for consumers in the Class;
- $14,525,000 for TPPs in the Class; and
- $14,525,000 for IRHPs who separately settled their claims.
The Settlement provides a release of all claims by members of the Class. This means
that if you remain in the Class Action you cannot sue the Defendants in another
lawsuit relating to the claims in this lawsuit. The full release language is found
in the Claim Form. Attorneys’
fees, litigation costs and expenses, any incentive award to Class Representatives,
and cost of notice and administration will be paid from the Settlement Fund before
distribution to Class Members.
Class Counsel conducted a thorough investigation of the law and facts in the Class
Action. The Settlement is a result of arm’s-length negotiations among the parties.
Class Counsel compared the benefits of Settlement to the risks of going to trial
and concluded that the Settlement is fair, reasonable, adequate, and in the best
interests of the Class.
Complete details are found in the Settlement Agreement, which is available here. It is also on file with the Clerk, United States District
Court for the District of New Jersey, Martin Luther King Federal Building, 50 Walnut
Street, Newark, New Jersey 07102.
6. How do I know if I am included in the Settlement?
(top)
You are automatically included in the Settlement if you paid some or all of the
purchase price for Vytorin® or Zetia® between November 1, 2002 and September 17,
2009.
7. What do I need to do to get a payment? (top)
The official court-ordered deadline for filing a claim has passed. Claims needed
to be postmarked by April 1, 2010. However, if you still wish to file a claim, you
should do so as soon as possible. Your claim will be marked as “late” and ultimately
the court will decide whether or not to accept it as eligible for payment. Mail
your completed Claim Form
to the Claims Administrator at the following address:
Vytorin/Zetia Settlement
c/o Rust Consulting, Inc.
P.O. Box 24785
West Palm Beach, FL 33416
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As explained on the Claim Form, you must also submit one proof of payment for one
prescription of either Vytorin® or Zetia®. You do not need to provide documentation
of every purchase, only a single payment as further explained on Section D of the
Claim Form.
8. How are payments determined? (top)
The Settlement Fund amount available for consumer class members is $12,450,000 and
is called the Consumer Settlement Pool. A portion of the Court-approved awards for
attorneys’ fees, litigation costs and expenses, and the cost of notice and administration
will be deducted from this amount. The remaining amount will be paid to consumers
who file valid claims.
Consumers who submit a valid Claim Form will receive payment based on the amount
they paid for Vytorin® or Zetia® and the number of valid claims. The amount of the
payment will depend upon how many consumers submit valid claims, the amount of money
claimed by all such consumers, and the net amount of Settlement proceeds available
to distribute to consumers.
Checks were distributed May 26, 2011.
9. How do I request a reissue of my settlement check?
(top)
If you received your check and would like to request a reissue, please void the
check and return it to us, along with a letter requesting the reissue to the Claims
Administrator at:
- Vytorin/Zetia Claims Administrator
c/o Rust Consulting, Inc.
P.O. Box 24785
West Palm Beach, FL 33416
10. The check I received was damaged. Can you reissue a new check?(top)
Yes. Please void the check and return it to us, along with a letter requesting the
reissue because your check was damaged to the Claims Administrator at:
- Vytorin/Zetia Claims Administrator
c/o Rust Consulting, Inc.
P.O. Box 24785
West Palm Beach, FL 33416
11. I received a check but misplaced or lost it. Can you provide me with a new check?(top)
Yes. Please send a letter of request stating that you have misplaced or lost your
check. Please include your name, address, and claim number (if available) to the
Claims Administrator at:
- Vytorin/Zetia Claims Administrator
c/o Rust Consulting, Inc.
P.O. Box 24785
West Palm Beach, FL 33416
12. My name has changed. Can I still cash the check?(top)
Yes. Please go to your financial institution first, as they may cash the check if
documentation regarding the status of your name change is presented.
13. The person listed on the check is deceased. What do I do?(top)
Please go to your financial institution first, as they may cash the check if documentation
regarding the status of the account holder and your status as the beneficiary/executor
is presented.
14. What is the time frame for you to reissue my check?(top)
Please allow 6 to 8 weeks for reissues.
15. What happens if I do nothing?(top)
If you do nothing, you will automatically be considered part of the Class. You give
up your right to sue. You will not receive any money from the Settlement unless
you submitted a valid Claim Form.
16. If I remain in the Class, what claims am I settling?(top)
The Court approved the Settlement, therefore the Class Action is dismissed and you
and all members of the Class may not sue the Defendants for the same claims. You
and all members of the Class release all claims concerning the conduct challenged
in this lawsuit in exchange for participating in the Settlement fund. The full text
of the release is included in the
Claim Form.
17. How do I exclude myself from the Class?(top)
The deadline to exclude yourself from the settlement has passed. Exclusion requests
had to be postmarked by January 15, 2010.
18. May I object to the Settlement? (top)
The deadline to object to the settlement has passed. Objection requests had to be
postmarked by January 15, 2010.
19. What is the difference between objecting to the Settlement and excluding myself
from the Class? (top)
To object to the Settlement, you must remain a member of the Class. An objection
allows your views on the Settlement to be heard in Court. You will be bound by the
terms and conditions of the Settlement if the Settlement is approved, even if the
Court rules against your objection.
If you excluded yourself, or opted out, you are no longer a member of the Class.
You will not be subject to the terms and conditions of the Settlement. You lose
the right to object to the Settlement and you will not receive any payment from
the Settlement. However, you keep your right to sue the Defendants for the same
claims in another lawsuit.
20. Do I have a lawyer representing my interests in this Class Action? (top)
Yes. The Court has appointed lawyers to represent you and other Class Members. These
lawyers are called Class Counsel. You will not be charged individually for these
lawyers. They will ask the Court to approve an award for fees and expenses. The
following law firms represent consumers in the Class:
Class Counsel
James E. Cecchi
Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart
& Olstein
5 Becker Farm Rd.
Roseland, NJ 07068
Christopher A. Seeger
Stephen A. Weiss
Seeger Weiss
One William St
New York, NY 10004
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Consumer Sub-Class Counsel
Adam J. Levitt
Wolf Haldenstein Adler Freeman
& Herz
55 West Monroe Street
Suite 1111
Chicago, IL 60603
Stephen Neuwirth
Quinn Emanuel Urquhart
Oliver & Hedges 51 Madison Ave, 22nd Floor
New York, NY 10010
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21. How will the lawyers be compensated? (top)
Class Counsel will request an award from the Court for attorneys’ fees and expenses
not to exceed one third (i.e., 33-1/3%) of the Settlement Fund. Class Counsel
can make a further request for additional expenses incurred by the Claims Administrator
as a result of administration of the Settlement. All awards for attorneys’ fees
and expenses shall be paid from the Settlement Fund after the Court approves them.
22. Should I get my own lawyer? (top)
You do not need to hire your own attorney, however, if you do, then you will have
to pay for that lawyer on your own.
23. Did the Court grant final approval of the Settlement?
(top)
Yes, on February 9, 2010 the court granted final approval to the settlement.
24. Where do I get more information?(top)
Complete copies of public pleadings, Court rulings and other filings are available
for review and copying at the Clerk’s office. The address is United States District
Court for the District of New Jersey, Martin Luther King Federal Building, 50 Walnut
Street, Newark, New Jersey 07102. Judge Dennis M. Cavanaugh of the United States
District Court for the District of New Jersey is overseeing the Class Action. You
can also review relevant Decisions and Orders on this website by clicking
here.
Additional information about the Class Action is available by:
- Calling the Claims Administrator, toll free: 1-800-760-4686
- Writing to:
- Vytorin/Zetia Settlement
c/o Rust Consulting, Inc.
P.O. Box 24785
West Palm Beach, FL 33416
- Emailing: info@VytorinZetiaSettlement.com
Please do not contact the Court or the Judge.
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