Welcome to the Premarin® CALIFORNIA Class Action Website
If You Purchased or Reimbursed for Premarin® in California from March 24, 1999 to April 3, 2007
A Proposed Class Action Settlement May Affect Your Rights
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An order granting final approval of the Settlement has been reached in a class action, Elizabeth Blevins, et al. v. Wyeth-Ayerst Laboratories, Inc., et al., Case No. 324380, filed in the Superior Court of California, County of San Francisco.
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The Superior Court of the State of California for the County of San Francisco entered an Order Granting Final Approval to Proposed Class Action Settlement, Dismissing Class Action, and Directing Judgment to Be Entered on October 30, 2007.
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Description of the Lawsuit – Premarin® is a conjugated estrogens product prescribed by doctors to relieve the symptoms associated with menopause and to prevent osteoporosis in postmenopausal women. Plaintiff alleged that the manufactures Wyeth Pharmaceuticals (formerly Wyeth-Ayerst Laboratories, Inc.) and Wyeth (formerly American Home Products Corporation) violated California’s antitrust and unfair competition laws by engaging in anti-competitive and exclusionary conduct that blocked consumer access to Cenestin®, which was an alternative to Premarin®. Plaintiff does not challenge the safety or effectiveness of Premarin®.
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The lawsuit claimed that the Defendants violated California antitrust, unfair competition, unfair trade practices, and unjust enrichment laws by entering into exclusive rebate contracts with managed care organizations such as HMOs, insurance companies, and pharmacy benefit managers (“Third-Party Payors”). Defendants denied that they had committed any violation of law or any wrongdoing or that they had any liability with respect to Plaintiff or the Class. However, the parties have agreed to this Settlement to avoid the risks and expense of continuing the case.
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The Class includes all persons or entities who purchased or reimbursed others for the purchase of Premarin® from March 24, 1999 through April 3, 2007 in California for consumption by themselves, family members or covered individuals, and not for resale.
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The Defendants have agreed to pay $5.2 million to settle this case. After deductions of Court-approved costs and expenses, the remaining amount will be divided between consumers and Third-Party Payors in the Class, subject to available funds based on the actual claims received.
“Class Member” Description
The proposed “Class” includes: All persons or entities who, during the period from March 24, 1999 to April 3, 2007, purchased, paid for, or reimbursed for Premarin® purchased in the State of California for consumption by themselves, family members or covered individuals (including members, beneficiaries, employees and insureds) and who suffered economic loss thereby as a result of allegedly anticompetitive conduct by Defendants.
Excluded from the Class are Defendants and their respective subsidiaries and affiliates, all governmental entities, and all persons or entities that purchased Premarin®: (i) for purposes of resale, or (ii) directly from any of the Defendants. The Class also excludes those Class Members who have properly opted out of the Class.
Your Rights as a “Class Member”
If you are a member of the Class, you can fill out a Claim Form and send it to the Claims Administrator. Claim forms were to be postmarked October 1, 2007. Although the deadline has passed, you are urged to file a claim as soon as possible if you have not yet done so. There are different Claim Forms for Consumers and Third-Party Payors. Claim Forms must be sent to the following address:
Premarin Claims Administrator
c/o Complete Claim Solutions, LLC
P.O. Box 24634
West Palm Beach, FL 33416
If you meet the requirements of being a Class Member, your timely-filed and valid Claim Form will be approved, and you will receive a check that is your share of the Settlement Fund.
The Court has approved the Settlement.
An order Granting Final Approval to proposed Class Action Settlement, dismissing Class Action, and directing judgment to be entered was approved by Judge Richard Kramer in the Superior Court of the State of California Court on October 30, 2007.
To Exclude yourself from the “Class”
The deadline for requesting exclusion from the Class was October 31, 2005. If you did not mail your exclusion request by that deadline, there is nothing you can do to exclude yourself from the Class.
For Further Information, including the Notice, TPP Claim Form, Consumer Claim Form, Summary Notice, Court documents and a list of the frequently asked questions, click on the links to the right.
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