1. What are Vytorin® and Zetia®? (top)
Vytorin® and Zetia® are prescription medications used to treat high cholesterol.
Attached as Table A is a list of the Vytorin® and Zetia® NDC Numbers.
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)
As a TPP, you are a TPP Sub-Class Member if you paid some or all of the purchase
price, or reimbursed an insured or health plan participant or beneficiary for some
or all of the purchase price, for Vytorin® or Zetia® between November 1, 2002 and
September 17, 2009.
A TPP is an entity that is:
A party to a contract, issuer of a policy, or sponsor of a plan; and
At risk, under such contract, policy, or plan, to pay or reimburse all or part of
the cost of prescription drugs dispensed to covered natural persons. TPPs include
insurance companies, union health and welfare benefit plans, and self-insured employers.
Entities with self-funded plans that contract with a health insurance company or
other entity to serve as a third-party claims administrator to administer their
prescription drug benefits qualify as TPPs. Private plans that cover government
employees and/or retirees are also included.
Excluded from the Class are:
The Defendants and their respective subsidiaries and affiliates;
The United States and/or State governments and their agencies and departments;
Individuals and entities that own or operate Pharmacy Benefit 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 TPPs to perform administrative and/or management services in connection with
a TPP’s purchase of prescription drugs;
Individuals and entities that opt-out of the Settlement in accordance with the procedures
approved by this Court; and
Certain health plans that separately settled with Defendants called Independently
Represented Health Plans (“IRHPs”).
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 the 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?
You are automatically included in the Settlement if you paid some or all of the
purchase price, or reimbursed an insured or health plan participant or beneficiary
for 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-approved deadline for filing a claim has passed. Claims needed
to be postmarked by April 1, 2010.
8. How are payments determined? (top)
The Settlement Fund amount available for TPP class members is $14,525,000 and is
called the TPP Settlement Pool. A portion of the Court-approved deductions 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 TPP class members
based on the amount they paid for Vytorin® or Zetia® in proportion to what was paid
by all TPPs who submit claims.
The Settlement provides that there may be an adjustment of the TPP Settlement Pool
and the portion of the Settlement Fund available for TPPs who settled separately
from the class (the “IRHP Settlement Pool”). The final TPP Settlement Pool and final
IRHP Settlement Pool may be more or less than $14,525,000, depending on the number
and validity of the Claims submitted by TPPs. This adjustment procedure is intended
to ensure that class member TPPs receive the same pro rata recovery as the
Settlement checks were distributed on June 10, 2011.
9. What happens if I do nothing?(top)
If you do nothing, you will automatically be considered part of the Class and bound
by the Settlement. But to receive any money from the Settlement you must have submitted
a valid Claim Form.
10. 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 released 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
11. 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.
12. 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.
13. 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, and you keep
your right to sue the Defendants for the same claims in another lawsuit. However,
you lose the right to object to the Settlement and you will not receive any payment
from the Settlement.
14. 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 the Class:
James E. Cecchi
Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart
5 Becker Farm Rd.
Roseland, NJ 07068
Christopher A. Seeger
Stephen A. Weiss
One William St
New York, NY 10004
TPP Sub-Class Counsel
Thomas M. Sobol
Hagens Berman Sobol Shapiro
55 Cambridge Parkway
Cambridge, MA 02142
Consumer Sub-Class Counsel
Adam J. Levitt
Wolf Haldenstein Adler Freeman
55 West Monroe St.,
Chicago, IL 60603
Quinn Emanuel Urquhart
Oliver & Hedges 51 Madison Ave, 22nd Floor
New York, NY 10010
15. 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.
16. 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.
17. Did the court grant final approval of the Settlement?(top)
Yes, on February 9, 2010 the court granted final approval of the settlement.
18. 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
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.