If you purchased, paid, or provided reimbursement for some or all of the purchase price of branded Lipitor® or generic atorvastatin calcium, you may be eligible to claim an award from a class action settlement.
Pfizer Inc. has agreed to pay $35,000,000 to settle a class action lawsuit for allegedly keeping generic versions of Lipitor off the market, which led consumers and third-party payors to pay more for the medication than they should have.
Who can file a claim?
The class is divided into two categories: the Consumer Class and the Third-Party Payor (TPP) Class.
- Consumer Class:
- Individuals who purchased, paid, or provided reimbursement for branded Lipitor in specified states without using a Pfizer co-pay card between June 28, 2011, and November 29, 2011.
- Individuals who purchased, paid, or provided reimbursement for generic atorvastatin calcium in specified states between November 30, 2011, and December 31, 2012.
- Third-Party Payor Class:
- Entities that purchased, paid, or provided reimbursement for branded Lipitor or generic atorvastatin calcium in specified states for consumption by their members, employees, insureds, participants, or beneficiaries between June 28, 2011, and December 31, 2012.
These specified states include Arizona, California, the District of Columbia, Florida, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, West Virginia, and Wisconsin.
Who is excluded from the class?
Certain individuals and entities are not eligible to participate in the settlement:
- Individuals who only purchased through Medicare Part D or Medicaid.
- Individuals who only purchased branded Lipitor after November 30, 2011, without purchasing generic atorvastatin calcium.
- Consumers who paid a flat co-pay that did not vary based on the drug's status as branded or generic.
How much can class members get?
The settlement fund of $35,000,000 will be distributed among eligible class members. The exact amount each member receives will depend on the number of claims filed and the total amount of qualifying purchases. The distribution will be based on the proposed Plan of Allocation, which considers the qualifying purchases of branded Lipitor and/or generic atorvastatin calcium.
- Consumer Class: Payments will be calculated based on the number of valid claims and the amount of Lipitor purchased.
- Third-Party Payor Class: Payments will be based on the transaction data submitted, reflecting purchases and reimbursements for Lipitor.
If the settlement fund is subject to a pro rata calculation, this means that the total amount available for distribution will be divided among all valid claims proportionally. For example, if the total claims exceed the settlement fund, each claimant will receive a reduced amount based on their share of the total claims.
Is proof required to submit a claim?
Yes, claimants must provide documentation to support their claims. This includes:
- Pharmacy records or receipts showing purchases of branded or generic Lipitor.
- Doctor's notes or insurance explanations of benefits (EOBs) that detail the transactions.
How to claim an award
To claim an award, you must complete and submit a claim form by November 29, 2024. You can file a claim online or download a PDF version of the claim form and mail it to the Claims Administrator.
Claims Administrator 54388
P.O. Box 2694
Portland, OR 97208-2694
Payment methods
- PayPal
- Venmo
- Zelle
- Virtual Prepaid Card
- Physical Check
$35 Million settlement fund
The settlement fund of $35,000,000 will cover:
- Payments to eligible class members.
- Attorneys' fees up to 34% of the fund, plus costs and expenses.
- Notice and administration costs.
- Service awards of up to $15,000 for class representatives.
Important dates
- Fairness Hearing: October 1, 2024
- Deadline to File a Claim: November 29, 2024
When is the Lipitor Antitrust Litigation payout date?
The court will hold a Fairness Hearing on October 1, 2024, to determine whether to approve the settlement. If approved, the Claims Administrator will begin processing claims and distributing payments to eligible class members.
Why was there a settlement?
The lawsuit alleged that Pfizer and Ranbaxy unlawfully delayed the entry of generic Lipitor into the market, causing consumers and third-party payors to overpay. The settlement avoids the costs and risks associated with a trial.
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