Acella Pharmaceuticals $41M Settlement for NP Thyroid Claims

Acella Pharmaceuticals has agreed to pay $41,473,889 to settle a class action lawsuit for alleged violations of the Federal Food, Drug, and Cosmetic Act (FDCA) and FDA regulations. This settlement addresses claims that Acella made, marketed, and sold NP Thyroid® that contained too much or too little of its active ingredients, rendering it worthless.

Who Benefits? All natural persons in the United States for whom a prescription for NP Thyroid® was dispensed between May 12, 2018, and April 30, 2021.

How much can I get? Eligible Class Members can receive between $10 and $50, depending on their out-of-pocket expenditures.

Important Dates

• Fairness Hearing: May 14, 2024
• Claim Filing Begins: June 1, 2024
• Deadline to File a Claim: November 30, 2024

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Can I Claim an Award?

To be eligible for a settlement award, you must be a natural person in the United States who had a prescription for NP Thyroid® dispensed between May 12, 2018, and April 30, 2021. This includes individuals who may not have paid out-of-pocket for the prescription, such as those whose health insurance covered the entire cost.

Eligible Class Members must submit documentation proving that they were dispensed a prescription of NP Thyroid® during the specified period. This documentation can include an original or copy of a pharmacy receipt, other pharmacy records, or records from your insurance provider or pharmacy benefits manager.

• Tier 1: Individuals who had no out-of-pocket expenditures or whose out-of-pocket payments fall below $10 will receive a minimum payment of $10.
• Tier 2: Individuals who incurred out-of-pocket expenses will be reimbursed for their expenses up to a maximum of $50.

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How Much Can I Claim?

Acella Pharmaceuticals has agreed to provide monetary compensation to eligible Class Members. The amount of the award depends on the out-of-pocket expenses incurred by the Class Member for NP Thyroid® prescriptions between May 12, 2018, and April 30, 2021.

Eligible Class Members who submit valid claims will receive a minimum payment of $10. If the documentation provided shows that the Class Member paid more than $10 out-of-pocket, they will be reimbursed for their expenses up to a maximum of $50.

• Minimum Payment: $10
• Maximum Payment: $50

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Which NP Thyroid® Prescriptions Are Covered by the Settlement?

The settlement concerns NP Thyroid®, a prescription drug made, marketed, and sold by Acella Pharmaceuticals as a treatment for hypothyroidism. The drug uses animal-derived active pharmaceutical ingredients and is marketed as a natural alternative to synthetic thyroid medications.

The specific doses are included in the settlement:

NP Thyroid® 15 mg (NDC: 42192-327-01)

• Lot Numbers: M327E19-1, M327D20-1, M327D20-2, M327D20-3, M327H19-3A, M327L19-1
• Expiration Dates: Oct. 2020, Mar. 2022, July 2021, Apr. 2021

NP Thyroid® 30 mg (NDC: 42192-329-01)

• Lot Numbers: M329A19-1, M329H18-1, M329U18-1, M329U18-2, M329U18-3, M329M18-2, M329D20-1, M329D20-2, M329D20-3
• Expiration Dates: Dec. 2020, July 2020, Aug. 2020, Nov. 2020, Mar. 2022

NP Thyroid® 60 mg (NDC: 42192-330-01)

• Lot Numbers: M330J18-3, M330J18-2A, M330J19-4A, M330J19-5A, M330J19-6A, M330J19-7A, M330J19-9A, M330K19-10, M330K19-9, M330J19-5A
• Expiration Dates: Aug. 2020, Sept. 2021, Aug. 2021, Mar. 2022

NP Thyroid® 90 mg (NDC: 42192-331-01)

• Lot Numbers: M331G18-1, M331J18-1, M331J18-2, M331M18-2, M331J19-10A, M331J19-11, M331J19-2A, M331J19-6A, M331K19-1, M331K19-2, M331K19-6
• Expiration Dates: June 2020, Aug. 2020, Nov. 2020, Sept. 2021

NP Thyroid® 120 mg (NDC: 42192-328-01)

• Lot Numbers: M326F19-3, M328H19-2B, M328J19-11, M328J19-2A, M328J19-3A, M328J19-4A, M328J19-5A, M328J19-6A, M328J19-7A, M328K19-2, M328K19-4A
• Expiration Dates: Nov. 2020, Aug. 2021, Sept. 2021

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Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward. Claimants must submit documentation proving that they were dispensed a prescription of NP Thyroid® between May 12, 2018, and April 30, 2021. If seeking a payment greater than $10, the documentation must indicate the amount of out-of-pocket costs incurred.

• Original or copy of a pharmacy receipt
• Other pharmacy records
• Records from insurance provider or pharmacy benefits manager

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How to Claim Your Award

To claim your award, you must complete and submit a valid Claim Submission Form between June 1, 2024, and November 30, 2024. You can complete and submit your Claim Submission Form online. Alternatively, you can download the Claim Submission Form from the settlement website and submit it via mail.

If you are submitting the Claim Submission Form in paper format, mail it postmarked no later than 11:59 P.M. on November 30, 2024, to: AF9 Claims Administrator, P.O. Box 301172, Los Angeles, CA 90030-1172. Ensure that all required documents are included with your submission.

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$41,473,889 Settlement Fund

The settlement amount agreed upon by Acella Pharmaceuticals, LLC is $41,473,889. This amount is intended to compensate eligible Class Members for their economic losses related to the purchase of NP Thyroid® between May 12, 2018, and April 30, 2021.

The settlement amount was calculated based on the estimated size of the class and sales records obtained by Class Counsel. It is estimated that approximately 1.2 million Class Members are eligible for compensation. Acella has also agreed to pay for all costs related to the administration of the settlement and Class Counsel’s attorneys’ fees and cost reimbursement up to $5 million.

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Why Is There a Class Action Settlement?

The class action settlement was reached after extensive litigation, including over 20,000 pages of discovery produced by Acella, records obtained from third parties, work by Plaintiffs’ experts, and months of negotiations. The Plaintiffs alleged that Acella made, marketed, and sold NP Thyroid® that contained too much or too little of its active ingredients, rendering it worthless.

The settlement allows the parties to avoid the cost and risk of a trial, as well as the delays of litigation. If the Court approves the settlement, the litigation between the Settlement Class Members and Acella will be concluded, and eligible Class Members will receive compensation for their economic losses.

By following these guidelines, you should have a comprehensive understanding of the class action settlement involving Acella Pharmaceuticals, LLC and NP Thyroid®. If you believe you are eligible, make sure to submit your claim by the specified deadlines to receive your compensation.