California Cipro Class Action Lawsuit Reaches Partial SettlementAug 25, 2016
The lawsuit alleged that the five defendants-Bayer Corporation, Barr Laboratories, Inc., Hoechst Marion Roussel, Inc., Watson Pharmaceuticals, Inc., and The Rugby Group, Inc.-had violated California's antitrust and consumer protection laws. The lawsuit said the defendants agreed not to compete with each other and they had kept lower-cost generic versions of ciprofloxacin off the market.
Three defendants, Hoechst Marion Roussel, Watson Pharmaceuticals, and Rugby Group, have agreed to pay $100 million into a settlement fund. After attorneys' fees, and other costs have been paid, the money will be distributed to members of the class who file valid claims. According to a news release about the settlement, payments will be based on the number of valid claims filed and how much each individual paid for Cipro. Attorneys estimate is that consumers will receive at least $25 each. The agreement details are available at www.CiproSettlement.com. The agreement involves only Hoechst Marion Roussel, Watson Pharmaceuticals, and Rugby Group. Bayer Corporation had previously settled and the case will continue against Barr Laboratories.
The settlement applies to people in California who paid for some or all of a Cipro prescription through a pharmacy, a doctor's office, or a hospital between January 8, 1997 and December 31, 2005. The settlement excludes people who obtained Cipro through the MediCal Prescription Drug Program, those who purchased Cipro to resell it, governmental entities, the defendants and their related entities. Cipro purchasers who paid a flat co-payment and who would have paid the same co-payment for a generic substitute under the terms of their health insurance policy are also excluded. In addition, some parties have chosen to exclude themselves from the class.
In order to receive payment, the class member must submit a claim form. If a class member has already submitted a claim, information from that form will be used to calculate the share of this settlement. The deadline to submit a claim form is December 15, 2016. Information and instructions are available at the website, or parties may call 1-866-404-0135.
On October 7, 2016, the court will hold a hearing to consider whether to grant final approval for the settlement and whether to approve attorney's fees and other expenses related to the settlement.