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NastLaw LLC and Roberts Law Firm Us, PC announce a proposed settlement has been reached in a class action lawsuit (KPH Healthcare Services, Inc. v. Gilead Sciences, Inc., No. 3:20-cv-06961-EMC (N.D. Cal.), coordinated with Staley v. Gilead Sciences, Inc., No. 3:19-cv-02573-EMC (N.D. Cal.)). The lawsuit alleges that BMS and Gilead engaged in a variety of allegedly anticompetitive conduct that caused direct purchasers to pay too much for HIV cART drugs. The settlement resolves the claims against BMS; it does not resolve claims against Gilead. BMS denies any wrongdoing. The Court has not decided who is right.
Generally, the proposed Settlement includes persons and entities that purchased Atripla, Complera, Evotaz, Reyataz, Sustiva, Stribild, Truvada, or any of their generic equivalents directly from a brand or generic manufacturer from October 6, 2016 until October 19, 2021.
BMS agreed to pay $10.8 million into a Settlement Fund, plus up to an additional $200,000 for one-half of the costs of providing notice of this settlement. BMS also agreed to waive enforcement of a provision in its licensing agreement with Gilead that will remove a barrier to generic competition with Evotaz.
If the Court approves the Settlement, Class Counsel will seek reimbursement for litigation expenses up to $2.5 million and payment of a class representative service award in the amount of $10,000. These amounts, if approved, will be paid from the Settlement Fund. Class Counsel is not seeking an award of attorneys’ fees in connection with this Settlement.
To get paid, you must submit a Claim Form by October 28, 2022, either online at www.HIVcARTDirectPurchaserSettlement.com or by U.S. Mail. See the Claim Form for instructions. If the Court approves the Settlement, claims will be paid after the conclusion of any appeals.
If you remain in the Class, you can write to the Court about what, if anything, you do not like about the Settlement, or you can exclude yourself from the Class. The deadline for either option is October 6, 2022. Descriptions about the effects of these options, and instructions on how to exercise them, are available in the detailed notice available at www.HIVcARTDirectPurchaserSettlement.com.
The Court scheduled a hearing for November 17, 2022 at 1:30 p.m. PT to consider whether the Settlement and allocations are fair, reasonable, and adequate, as well as any objections. You do not need to attend, but you or your attorney can do so at your own expense. See the detailed notice available at www.HIVcARTDirectPurchaserSettlement.com for the hearing location, where to find out if the date or time changes, and what you must do if you or your attorney wish to speak at the hearing.
For more information, visit www.HIVcARTDirectPurchaserSettlement.com or call 1-501-821-5575.
