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If You Purchased Prograf (Not for Resale), You May Be Entitled to...

If You Purchased Prograf (Not for Resale), You May Be Entitled to Money from a Class Action Settlement



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NASHVILLE, Tennessee, June 27, 2016 /PRNewswire-HISPANIC PR WIRE/ — The following statement is being issued by Branstetter, Stranch & Jennings, PLLC regarding In re Prograf Antitrust Litigation.

A lawsuit is currently pending claiming that Astellas Pharma US, Inc. (“Astellas” or “Defendant”) violated state antitrust, unfair competition, consumer protection, and unjust enrichment laws of certain states by delaying the availability of a less expensive generic version of the immunosuppressant prescription drug Prograf® (known as tacrolimus).  Plaintiffs allege that Defendant’s conduct caused some consumers and third party payors to pay too much for Prograf in certain states from September 3, 2008 to December 31, 2010 (also referred to as the “Class Damage Period”). This lawsuit does not claim that Prograf is unsafe or ineffective. Astellas denies any wrongdoing.

Are You Affected? As a Consumer, you may be a member of the Settlement Class if you paid for some or all of the purchase price for Prograf and/or its generic equivalent, in capsule form, for consumption by yourself or a member of your family any time between April 15, 2008 and December 31, 2010 (the “Class Period”) in Arizona, California, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, or Wisconsin.  As a Third-Party Payor, you may be a member of the Settlement Class if you paid for some or all of the purchase price for Prograf and/or its generic equivalent, in capsule form, for consumption by your members, employees, insureds, participants, or beneficiaries (including government-funded employee benefit plans) and not for resale in at least one of the above-listed states during the Class Period.

What Are Your Rights And Options? Stay in the class and file and claim: To share in the distribution of the Net Settlement Fund, you must file a claim form on or before December 6, 2016.  Claim forms may be requested online at www.PrografIndirectPurchaserSettlement.com or by writing to Prograf Indirect Purchaser Settlement, c/o GCG, P.O. Box 10112, Dublin, OH 43017-3112.

Exclude Yourself: If you do not want to be included as a Class Member, you must exclude yourself by submitting a written Request for Exclusion (available at www.PrografIndirectPurchaserSettlement.com) to the Settlement Administrator at the address above by September 8, 2016. If you exclude yourself, you get no benefits, but keep your right to file your own lawsuit. Third Party Payors should visit the website for a complete list of items required in your exclusion request. Any Third Party Payor included in the Settlement Class that does not submit a valid request for exclusion providing all necessary information and documentation will be bound by the terms of the Settlement. Further, all members of the Settlement Class who have not requested exclusion from the Class will be bound by the Settlement entered in the Action even if they do not file a timely Proof of Claim.

Do Nothing: If you do nothing, you are choosing to stay in the Settlement Class and will be bound by the Settlement Agreement and future Court rulings.

Inquiries should NOT be directed to Defendants, the Court, or the Clerk of the Court. Inquiries, other than requests for the Notice or for a claim form, may be made to Class Counsel at the following addresses:

J. Gerard Stranch, IV

James R. Dugan, II

Joe P. Leniski, Jr.

Douglas Plymale, Ph.D.

 BRANSTETTER, STRANCH &

David Franco

 JENNINGS, PLLC

DUGAN LAW FIRM

The Freedom Center

One Canal Place

223 Rosa L. Parks Avenue, Suite 200

365 Canal St., Suite 1000

Nashville, TN  37203

New Orleans, LA 70130

Tel: (615) 254-8801

Tel: (504) 648-0180

 

A hearing will be held on November 2, 2016, at 2:00 p.m. Eastern Time, before the Honorable Rya W. Zobel in Courtroom 12 of the United States District Court for the District of Massachusetts, United States Courthouse, 1 Courthouse Way, Boston, MA 02210 to determine, among other things, whether the proposed settlement should be approved by the Court as fair, reasonable and adequate.

Want More Information? This notice is only a summary. More information can be found at www.PrografIndirectPurchaserSettlement.com, by calling 1-844-322-8238, writing to Prograf Indirect Purchaser Settlement, c/o GCG, P.O. Box 10112, Dublin, OH 43017-3112 or by email at [email protected].

If You Purchased Prograf (Not for Resale), You May Be Entitled to Money from a Class Action Settlement