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If You Purchased Loestrin 24 Fe, Minastrin 24 Fe and/or Their Generic Equivalent(s) a Class Action Lawsuit May Affect Your Rights
A class action lawsuit involving the oral contraceptives Loestrin 24 Fe and Minastrin 24 Fe is pending in the United States District Court for the District of Rhode Island. The lawsuit claims that Warner Chilcott (US), LLC, Warner Chilcott Sales (US), LLC, Warner Chilcott Company, LLC, Warner Chilcott plc, and Warner Chilcott Limited; Watson Pharmaceuticals, Inc. and Watson Laboratories, Inc; and Lupin Ltd. and Lupin Pharmaceuticals, Inc. (the “Defendants”) harmed competition and violated state antitrust, consumer protection and unjust enrichment laws in the United States and its territories by unlawfully preventing, delaying, or impairing the availability of less-expensive generic versions of Loestrin 24 Fe and Minastrin 24 Fe. The Defendants deny this. No one is claiming that Loestrin 24 Fe or Minastrin 24 Fe is unsafe or ineffective.
On September 17, 2019, the Court determined that this case can proceed as a class action with respect to Third-Party Payors (“TPPs”).
The Court has not decided whether the Defendants did anything wrong. There is no monetary recovery available now, and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now.
WHO IS INCLUDED IN THE CLASS?
Generally, you are included in the TPP Class if you are a third-party payor that purchased, paid and/or provided reimbursement for some or all of the purchase price of Loestrin 24 Fe, Minastrin 24 Fe and/or their generic equivalents, other than for resale in the United States and its territories, from September 1, 2009 through September 17, 2019.
You are NOT a member of the Class if you: (i) are one of the Defendants or their subsidiaries, or affiliates; (ii) are a federal or state governmental entity, excluding cities, towns or municipalities with self-funded prescription drug plans; (iii) purchased Loestrin 24 Fe or its AB-rated generic equivalent, and/or Minastrin 24 Fe or its AB-rated generic equivalent, for purposes of resale or directly from Defendants or their affiliates; (iv) are a fully insured health plan (i.e., Plans that purchased insurance from another third-party payor covering 100% of the Plan’s reimbursement obligations to its members); or (v) are a Pharmacy Benefits Manager.
YOUR RIGHTS AND OPTIONS
DO NOTHING: By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But you give up any rights to sue the Defendants separately about the same legal claims in this lawsuit.
ASK TO BE EXCLUDED: If you are a TPP Class member, you have the right to exclude yourself (to opt out) from the TPP Class no later than December 2, 2019. If you ask to be excluded and money or benefits are later awarded in this class action lawsuit, you will not share in those. But you would keep any rights to sue the Defendants separately about the claims in this lawsuit. Details on how to request exclusion are at www.InReLoestrin24FeAntitrustLitigation.com.
Jury selection will commence December 16, 2019, and the trial for this lawsuit is scheduled to commence on January 6, 2020.
These dates may be amended by Court Order. Please check the website noted below for updated information.
