This lawsuit is pending in the United States District Court for the Eastern District of Pennsylvania ("the Court") against two defendants: GlaxoSmithKline ("GSK") and Valeant Pharmaceuticals International, Inc. ("Valeant") (collectively, "Defendants"). These companies manufactured and marketed the antidepressant Wellbutrin XL. Plaintiffs in the lawsuit claim that GSK and Biovail hurt competition and violated state laws in California, Florida, Nevada, New York, Tennessee, and Wisconsin by unlawfully delaying the availability of less expensive generic versions of the drug. As a result, the lawsuit claims, certain consumers and third-party payers paid too much for the products in these states. Defendants deny any wrongdoing.
As a Consumer, you may be a member of the Class if you:
- Paid the full purchase price for Generic XL (either the 150mg and/or 300mg dosage) at a pharmacy (including a mail order pharmacy) in California, Florida, Nevada, New York, Tennessee and/or Wisconsin; or
- Made a percentage co-payment (e.g. 20% of the total price) for Generic XL (either the 150mg and/or 300mg dosage) at a pharmacy (including a mail order pharmacy) in California, Florida, Nevada, New York, Tennessee and/or Wisconsin.
- You are NOT part of the Class if you only purchased brand name Wellbutrin XL and not the generic version.
- You are also NOT a Class Member if you have a "flat co-payment" as part of your insurance coverage, which means that your health insurance requires you to pay the same amount for a generic prescription regardless of the retail purchase price (e.g. $5 for any generic prescription).
Only consumers that made these purchases during the Class Period, which begins December 15, 2006 for purchases of the 300 mg dosage of Generic XL, and begins May 29, 2008 for purchases of the 150 mg dosage of Generic XL, are a part of the class. The Class Period ends on April 29, 2011 for both dosages.
As a Third-Party Payer, you may be a member of the Class if you:
- Purchased Generic XL in California, Florida, Nevada, New York, Tennessee and/or Wisconsin.
- Purchased 150 mg or 300 mg Wellbutrin XL in California, Florida, Nevada, New York, Tennessee and/or Wisconsin before Generic XL was available for such dosages and purchased Generic XL in the same state after it became available
TPPs are all health insurance companies, third-party administrators, health maintenance organizations, health and welfare plans that make payments from their own funds, and other health benefit providers and entities with self-funded plans that contract with a health insurer or administrator to administer their prescription drug benefits. These payers include such private entities that may provide prescription drug benefits for current or former public employees and/or public benefits programs, but only to the extent that such private entity was at risk for the cost of the payment(s). For purposes of this definition, an entity "paid for" Wellbutrin XL or its AB-rated equivalent if it paid some or all of the purchase price.
Only TPPs that made these purchases during the Class Period, which begins on November 14, 2005 and ends on April 29, 2011, are included in the Class.
- July 12, 2013
Submit a Claim Form postmarked by this date.
This is the only way you will receive any payment from the Valeant Settlement.
- May 31, 2013
Get out of the Class and Settlement(s).
You may exclude yourself from the Class and keep your right to sue both Valeant and GSK for these claims at your own expense. If you do so, you will not receive any payment from the Valeant Settlement or any future GSK settlement or damages award which may occur in this Class Action.
- May 31, 2013
Object or comment on the Valeant Settlement.
If you do not opt out of the Class, you may object to or comment on the Valeant Settlement at a hearing to determine whether the Court should approve the Valeant Settlement as fair to the Class.
- June 18, 2013
Court's Fairness Hearing.
The Court will hold a Fairness Hearing on June 18, 2013, at 9:30 A.M., at the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Room 13614, Philadelphia, PA 19106 to decide whether to grant final approval of the Biovail Settlement.
- Order Granting Plaintiffs' Motion for Distribution of the Net Settlement Fund (PDF: 53.4 KB)
- Indirect Purchaser Plaintiffs' Motion for Distribution of the Net Settlement Fund (PDF: 134 KB)
- Memorandum of Law in Support of Motion for Distribution of the Net Settlement Fund (PDF: 143.1 KB)
- Declaration of Matthew B. Sears with attached Exhibits A-E (PDF: 2.7 MB)
- Declaration of Peter St. Phillip (PDF: 124.3 KB)
- Declaration of Kenneth A. Wexler (PDF: 111.9 KB)
- Final order and judgment approving settlement and award (PDF: 124.7 KB)
- Settlement Agreement (PDF: 1.7 MB)
- Second Amended Consolidated Class Action Complaint and Jury Demand for End Payors (PDF: 2.2 MB)
- Order Granting Plaintiffs' Motion for Preliminary Approval of Endpayer Class Settlement, and Approving Proposed Form of Notice (PDF: 164.2 KB)
- Notice of Class Certification and Partial Proposed Biovail Settlement (PDF: 238.4 KB)
- Third-Party Payer Claim Form (PDF: 135.6 KB)
- Third-Party Payer Claim Chart (11.3 KB)
- Calculated Claim Total Spreadsheet (11.8 KB)
- Consumer Claim Form (PDF: 176.5 KB)
- Wellbutrin XL and Generic NDC Codes (PDF: 68.9 KB)