Legal Notice
I f Y o u
P a i d
f o r T r i C o r o r A n y
C
h o l e s t e r o l
D
r u g C
o n t a i n i n g
F e n o f i b r a t e
You May Be Entitled to Money from a Class Action Settlement
A settlement has been proposed in a class action lawsuit
alleging
that
TriCor
manufacturers
engaged
in
anticompetitive conduct regarding fenofibrate drugs.
Fenofibrate drugs are
used to treat high cholesterol
and
high
triglyceride
levels
in
patients
at
risk
of
cardiovascular disease.
N o q u estio n is ra ised a b o u t th e sa fe ty o r effectiven ess
o f T riC or o r o th e r fe n o fib ra te drugs.
Defendants have denied any wrongdoing and liability
hut
have
agreed
to
the
proposed
settlement
to
resolve
the
controversy
and
to
avoid
the
cost
and
expense
of further
litigation.
The
lawsuit,
In
re
T riC or In d irect P u rch a ser A n titru st L itig a tio n
, C.A.
No. 05-360 (SLR), is pending in U.S. District Court
for the District of Delaware.
You
may
have
important
legal
rights
under
this
settlement,
some
of
which
you
must
act
on
by
September 15, 2009.
Who is included?
The class includes consumers and insurance companies
that purchased, paid for, or reimbursed purchases of
fenofibrate
products
intended
for
consumption
by
yourself or your family, or, in the case of third-party
payors, by members, employees, plan participants and
beneficiaries or insureds, between April 9, 2002 and
May 8, 2009.
These products include TriCor, Lofibra,
Antara, Triglide, and any available generic versions of
these drugs.
What does the settlement provide?
The settlement provides $65.7 million to pay to class
members.
It
will
be
distributed
according
to
the
settlement.
Any award for attorneys’ fees, expenses,
and notice and administration costs will be deducted
from this amount.
What are my legal rights?
•
Remain in the class and file a claim. Claim forms
must
be
postmarked
by
September
15,
2009.
You will be bound by the terms of the settlement
and
you
give
up the
right
to
sue at
your own
expense.
•
Remain in the class but object to (or comment
on) the settlement.
If the settlement is approved
and your objection is rejected, you are bound by
the settlement terms and you will receive payment
from the settlement fund (if you also file a claim).
Objections and comments must be postmarked by
September 15, 2009 and they will be considered
at
a
Fairness
Hearing
on
October
9,
2009.
If you want to appear at the settlement hearing,
you must send in a written request for appearance
postmarked by September 25, 2009.
•
Exclude yourself and keep your right to sue at
your own expense.
Requests for exclusion must
be postmarked by September 15, 2009.
•
Do nothing.
You remain in the class and give
up
your
right
to
sue
at
your
own
expense.
You will not receive any money unless you submit
a claim.
The
Court
will
determine
whether
to
approve
the settlement and attorneys’ fees at a Fairness Hearing
scheduled on October 9, 2009 at 1:30 p.m.
This is only a summary of the Proposed Settlement.
For complete information and a claim form:
V i s i t :
w w w . T r i c o r S e t t l e m
e n t . c o m
C a l l :
1 - 8 7 7 - 5 6 7 - 3 0 1 4
Write: TriCor Indirect Purchasers Antitrust Litigation
c/o Rust Consulting, Inc., P.O. Box 24797
West Palm Beach, FL
33416
