Reissued checks from a second distribution to Consumers were mailed on December 14, 2012.
These checks are valid for only 30 days. Please deposit this check promptly. If this check
is not cashed within 30 days, your pro rata share will revert back to the Consumer Settlement
Fund and no further check will be issued to you from the settlement.
A settlement has been reached in a class action lawsuit regarding the price that
individuals and insurers paid for TriCor® and other prescription drugs containing
fenofibrate. The lawsuit, In re TriCor Indirect Purchasers Antitrust Litigation,
Civil Action No. 05-360 (SLR), is pending in the U.S. District Court for the District
of Delaware. The lawsuit claims that the companies that manufacture and market TriCor®
hurt competition. As a result, the lawsuit claims, a class of Consumers and Third-Party
Payors (“TPPs”) such as health insurers and employee benefit plans paid too much
for the products. The defendants deny the claims. No question is raised about the
safety or effectiveness of TriCor® or other fenofibrate drugs.
Consumers: You are automatically included in the settlement if you paid some
or all of the purchase price for a prescription fenofibrate drug product between
April 9, 2002 and May 8, 2009.
Third-Party Payors: 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 a prescription
fenofibrate drug product between April 9, 2002 and May 8, 2009.
Excluded from the Class are: (a) Defendants and their respective subsidiaries and
affiliates and (b) all government entities (except for government-funded employee
benefit funds), and (c) all persons or entities that purchased fenofibrate products
for purposes of resale or directly from any of the Defendants to the extent and
solely to the extent of such purchases for purposes of resale or such direct purchases.
Also excluded are certain health plans that separately settled with Defendants.
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You May:
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Due Date:
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Remain In The Class And File A Claim Form
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Remain a Class Member
If you do nothing, you will automatically be considered part of the Class. However,
if you did not file a claim, you will not receive any payment from the settlement.
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Remain a Class
To Remain In The Class, Do Nothing
To File A Claim, Submit A Claim Form Postmarked By September 15, 2009
*PLEASE NOTE: The Deadline for Filing Claims
has passed.
We
are no longer accepting claim forms.
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Exclude Yourself
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Get Out Of The Settlement.
You may exclude yourself from the settlement and keep your right to sue at your
own expense. If you do so, you will not receive any payment from the settlement.
For more information, please read the full
Notice.
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Postmarked By September 15, 2009
*PLEASE NOTE: Exclusions may no longer be
filed because the deadline has passed.
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Remain In The Class But Object To The Settlement
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Remain In The Class But Object To Or Comment On The Settlement.
If you do not exclude yourself, you may object to or comment on the settlement at
a hearing to determine whether the Court should approve the settlement as fair to
the Class. The Court has appointed lawyers to represent the Class.
For more information, please read the full
Notice.
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Postmarked by September 15, 2009
*PLEASE NOTE: Objections may no longer
be filed because the deadline has passed.
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