If you bought, or were a third party payor for, the prescription medication DORYX at any time between September 21, 2008 and May 30, 2014, your rights may be affected by a class action Settlement. You may be eligible for a payment.
SAN DIEGO, Oct. 7, 2014 /PRNewswire-HISPANIC PR WIRE/ — The following statement is being issued by SCOTT+SCOTT, ATTORNEYS AT LAW, LLP regarding the Doryx Indirect Purchaser Antitrust Litigation Settlement, Civ. No. 12-3824 (E.D. Pa.).
What is the case about?
A class action lawsuit has been settled on behalf of Indirect Purchasers of the prescription drug Doryx (delayed-release doxycycline hyclate), based on allegations that the Defendants violated federal and state antitrust, unfair competition, and/or consumer protection laws in connection with the sale of Doryx. Plaintiffs allege that the Class was damaged by Defendants’ conduct because they were forced to pay significantly higher prices for Doryx. Defendants deny all of Plaintiffs’ allegations.
Who is a Class Member?
All persons and entities in the United States who reimbursed for, or indirectly purchased, other than for resale, branded Doryx at any time during the period September 21, 2008 to May 30, 2014.
What are my options?
1. To stay in the Class and share in the distribution of the Settlement Fund, you must file a Proof of Claim no later than 60 calendar days from the order finally approving the Settlement. You will be bound by the terms of the Settlement. If you do not file a Proof of Claim, you will not be able to receive any of the recovery in connection with this Settlement.
2. You may exclude yourself. If you want to be excluded from the Class, you must submit a request for exclusion by December 8, 2014, in the manner and form explained in the Notice of Proposed Class Action Settlement available at www.doryxindirectsettlement.com. You will not receive any recovery and you will not be bound by the terms of the Settlement.
When will a Judge decide on the Settlement?
A hearing will be held on January 7, 2015 at 10:00 a.m. in Courtroom 6B in the United States District Court for the Eastern District of Pennsylvania, James A. Byrne United States Courthouse, 601 Market Street, Philadelphia, PA 19106, to determine: (1) if the proposed Settlement for the sum of $8,000,000 should be approved by the Court as fair, reasonable, and adequate; (2) if the Action should be dismissed with prejudice against the Defendants as set forth in the Settlement Agreement; (3) if the Plan of Allocation of the Settlement proceeds is fair, reasonable, and adequate and should be approved; (4) whether the Action satisfies the applicable prerequisites for class action treatment under Rule 23 of the Federal Rules of Civil Procedure; (5) whether to award Indirect Purchaser Plaintiffs’ Counsel attorneys’ fees and expenses out of the Net Settlement Fund; and (6) whether to grant the Named Plaintiffs’ requests for service awards based on their work in prosecuting this Action.
Where do I get more information?
This is just a summary. Additional information is available, including a description of the Settlement and your rights (including your right to object to the Settlement) in the Settlement Agreement, and a Proof of Claim form, online at www.doryxindirectsettlement.com or by writing to Doryx Indirect Purchaser Antitrust Litigation Settlement, c/o GCG, P.O. Box 10097, Dublin, OH 43017-6697, Toll Free Telephone: (855) 382-6396.
Inquiries, other than requests for the Notice or for a Proof of Claim form, may be made to Plaintiffs’ Counsel, Walter W. Noss, SCOTT+SCOTT, ATTORNEYS AT LAW, LLP, 707 Broadway, Suite 1000, San Diego, CA 92101, Phone: (619) 233-4565.
Inquiries should NOT be directed to Defendants, the Court, or the Clerk of the Court.
Dated: September 4, 2014
