Legal Notice
U.S. District Court for the District of Minnesota
I f Y o u P u r c h a s e d E s t r a t e s t , H o r m o n e R e p l a c e m e n t T h e r a p y
In Any State Other Than California,
You May Be Able To Get Money Back From a Class Action Settlement
There is a Proposed Class Action Settlement with Solvay
Pharmaceuticals, Inc. (“Solvay”) about the marketing of
Estratest or Estratest H.S. (“Estratest”). The case,
Yarrington
v. Solvay Pharmaceuticals, Inc.,
No.
09
-cv
-2261
is pending
in the U.S. District Court for the District of Minnesota. This
is only a summary of the Proposed Settlement. You should
get detailed information using the contact information below
and make a decision about your legal rights.
Who is Included?
The Settlement includes anyone who purchased Estratest or
Estratest H.S. in any state, other than California, since March
8
,
1998
.
Persons with pending claims against Solvay for
personal injury or wrongful death are not included.
What is the Class Action About?
Plaintiffs claim that Solvay violated state unfair competition
and false and deceptive advertising laws in marketing
Estratest.
Solvay denies that it engaged in unfair, false or
deceptive marketing. It further states that purchasers have not
been injured and are not entitled to any monetary damages or
other forms of relief. Nevertheless, the parties have agreed
to settle the litigation.
What is Estratest?
Estratest is a prescription hormone replacement therapy
drug.
It is prescribed for the treatment of moderate to
severe vasomotor symptoms associated with menopause
in patients whose symptoms are not relieved by estrogen
alone.
The Proposed Settlement
The Settlement provides $
16.5
million to Settlement Class
Members. Purchasers can obtain partial refunds up to
30
%
of the purchase price paid for Estratest. Attorneys’ fees (not
to exceed
33
1
/
3
% of the Settlement Fund) and expenses,
payments to the Settlement Class Representatives, and notice
and administration costs will be deducted from the Settlement
Fund before distribution. Settlement Funds remaining after
payments to Settlement Class Members and for the other
fees and costs discussed in this paragraph, if any, will be
distributed to a non-profit organization.
To obtain a refund, Settlement Class Members must file
a claim stating their total out-of-pocket expenditures for
Estratest since March 8,
1998
.
If you remain a Settlement
Class Member, you will release all claims against Solvay and
other related parties alleged in this lawsuit in exchange for an
opportunity to obtain an award from the Settlement Fund. If
the Court approves the Settlement, Settlement Class Members
will not be able to sue Solvay in the future based upon the
same claims.
What Can I Do?
Get more information about the Proposed Settlement and
read it. Then you can decide on what action to take:
•
Remain in the Settlement and file a claim. If the Settlement
is approved, you will be bound by the Court’s orders and
give up your right to sue Solvay on your own. Your claim
form must be postmarked by March
17
,
2010
.
•
Remain in the Settlement and object to or comment on
the Settlement. If the Settlement is approved, you will be
bound by the Court’s orders and give up your right to sue
Solvay on your own. Your written objection must be filed
and served by January
2
,
2010
.
•
Exclude yourself and keep your right to sue Solvay on
your own. Requests for exclusion must be postmarked by
January
2
,
2010
.
•
Do Nothing. If the Settlement is approved, you will be
bound by the Court’s orders and give up your right to sue
Solvay on your own. You will not receive a refund unless
you file a claim.
The Court has appointed Counsel to represent all Settlement
Class Members, but you may hire your own attorney at your
own cost.
The Court will hold a Final Approval Hearing on February
10
,
2010
at
9:00
a.m., in Courtroom
7
A, at the United States
District Court for the District of Minnesota,
316
North Robert
Street,
100
Federal Building, St. Paul, MN
55101
.
The
Court will consider whether the Proposed Settlement is fair,
reasonable, and adequate, as well as the motion for attorneys’
fees and expenses.
To O b tain a D etailed N otice and C laim Form:
Call Toll Free:
1
-
8 7 7
-
4 3 5 -4 0 6 8
Visit: www.EstratestSettlement.com
W rite: Estratest Settlem ent Adm inistrator, PO Box
2240
, Faribault, MN
55021-1640
