The information contained on this website is only a summary. You may download a copy of the full Notice by clicking here. Since this website is just a summary, you should review the Notice for additional details.
If you are a Third-Party Payor and made payments or reimbursements for Valeant-branded drugs fulfilled through Philidor from January 2, 2013 through November 9, 2015, you may be eligible for payment from a class action settlement.
Two settlements providing for a total cash payment
of $23.125 million have been reached
in a class action lawsuit
brought on behalf of Third-Party Payors (“TPPs”) who paid or incurred costs for
Valeant-branded drugs from January 2, 2013 through November 9, 2015, that were purchased through Philidor Rx Services, LLC ("Philidor") or any pharmacy in which Philidor had a direct or indirect ownership interest. On February 22,
2022, the Court approved the Settlements.
The lawsuit, called In re Valeant Pharmaceuticals International, Inc. Third-party Litigation, Civil Action No. 16-3087-(MAS)(LHG), was brought in the United
States District Court for the District of New Jersey (the “Court”). Plaintiffs
in the lawsuit alleged that Valeant Pharmaceuticals International, Inc.
(“Valeant”), Philidor, and other Defendants violated the Racketeer Influenced
and Corrupt Organizations Act by causing Third-Party Payors to pay artificially
inflated prices for Valeant drugs as a result of a fraudulent scheme in which
Valeant secretly controlled a captive pharmacy network through Philidor.
WHAT DO THE SETTLEMENTS PROVIDE?
The settlements provide a total cash payment of $23.125
million. Plaintiffs have reached a settlement with Valeant for $23 million (the "Valeant Settlement") and a settlement with Philidor, Andrew Davenport, and the Estate of Matthew S. Davenport for $125,000 (the Philidor Defendants Settlement" and with the Valeant Settlement, the "Settlements").
The combined Settlement Amounts, plus interest earned, are known as the “Settlement Funds.” The Net Settlement Funds (i.e., the Settlement Funds less: (i) any Taxes; (ii) any Notice and Administration Costs; (iii) any Litigation Expenses and service awards for Plaintiffs awarded by the Court; (iv) any attorneys’ fees awarded by the Court; and (v) any other costs or fees approved by the Court) will be distributed to eligible claimants in accordance with the Plan of Allocation approved by the Court.
WHO IS INCLUDED IN THE SETTLEMENT CLASS?
The Settlement Class includes all health insurance companies, health maintenance organizations, self-funded health and welfare benefit plans, other Third-Party Payors, and any other health benefit provider in the United States of America or its territories that paid or incurred costs for Valeant’s branded drug products in connection with a claim submitted by Philidor, a claim submitted by any pharmacy in which Philidor had a direct or indirect ownership interest, or a claim by any pharmacy for which the amount sought for reimbursement was alleged to be inflated as a result of Defendants’ allegedly fraudulent scheme, from January 2, 2013 through November 9, 2015, and allegedly suffered damages thereby.
A Third-Party Payor (or “TPP”) is an entity in the United States of America or its territories that was (i) a party to a contract, issuer of a policy, or sponsor of a plan; and (ii) at risk, under such contract, policy, or plan, to pay or reimburse all or part of the cost of prescription drugs dispensed to covered natural persons. TPPs include insurance companies, union health and welfare benefit plans, and self-insured employers. Entities with self-funded plans that contract with a health insurance company or other entity to serve as a third-party claims administrator to administer their prescription drug benefits qualify as TPPs. Private plans that cover government employees and/or retirees are also included.
Excluded from the Settlement Class are Pharmacy Benefit Managers, Defendants, Defendants’ successors and assigns, and any entity in which any Defendant has or had a controlling interest. Also excluded from the Settlement Class are any entities that properly submitted a Request for Exclusion from the Settlement Class.
SETTLEMENT HEARING
A Settlement
Hearing to consider final approval of the Settlements, the proposed Plan of
Allocation, and Lead Counsel’s motion for attorneys’ fees and expenses was held
on December 2, 2021. On December 6,
2021, the Court-appointed Special Master, the Honorable Dennis M. Cavanaugh
(Ret.), entered a Report and
Recommendation which recommended granting final approval to the Settlements and
approving the motion for attorneys’ fees and expenses.
On February
22, 2022, the Court entered a Memorandum Opinion and an Order that adopted the
Special Master’s Report and
Recommendation, granted final approval to both Settlements and the Plan of
Allocation, and approved the motion for attorneys’ fees and expenses.
YOUR
LEGAL RIGHTS AND OPTIONS
|
FILE A CLAIM
| The deadline
for Class Members (Third-Party Payors) to submit a Claim Form to be potentially
eligible to receive a payment from the Settlements was January 6, 2022. The Claim Form, and instructions on how to submit it, are available on the Claim Form page of this website or by clicking here. |