Self-Funded, Third-Party Payer Antitrust Settlements

EPIpen ***** Valeant Pharmaceuticals

A Third-Party Payor (or “TPP”) is an US entity that was (i) a party to a contract, issuer of a policy, or sponsor of a plan; and (ii) at risk, under such contract, policy, or plan, to pay or reimburse all or part of the cost of prescription drugs dispensed to covered natural persons. 

 
TPPs include insurance companies, union health and welfare benefit plans, and self-insured employers.  Entities with self-funded plans that contract with a health insurance company or other entity to serve as a third-party claims administrator to administer their prescription drug benefits qualify as TPPs.  Private plans that cover government employees and/or retirees are also included.

Excluded from the Settlement are:

• Defendants and their officers, directors, management, employees,
  subsidiaries, and affiliates
• Government entities, other than government-funded employee
  benefit plans
• Fully insured health plans (i.e., plans that purchased insurance that
  covered 100% of the plan’s reimbursement obligations to its
  members)

EPIpen Antitrust Settlement

• Settlement: $345,000,000
• Deadline to File: November 12, 2021
• Class Period: August 24, 2011, and November 1, 2020
• Class Members: US Entities that paid or provided reimbursement for some or all of the purchase price of Branded or authorized generic EpiPens for the purpose of consumption, and not resale, for insureds, plan participants, employees, or beneficiaries, at any time between August 24, 2011, and November 1, 2020, and did not exclude yourself from the Class.

THIS AGREEMENT (the "Agreement") is entered into as of {todaysDate} by and between {companyLegal} and its affiliates, located at {street}, {streetAddress47}, {city}, {state}, {zip} (“Client"), and Class Action Refund, LLC (“CAR”), located at 346 SE 5th Ave, Delray Beach, FL 33483 agree as follows with respect to any and all Settlement(s) reached in a class action entitled In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices, and Antitrust Litigation, Case No. 17-md-2785 pending in the United States District Court for the District of Kansas (the "Settlement").

Scope of Limited Agency Relationship: The Client appoints CAR as exclusive recovery agent with full assignment authority to prepare and submit Client’s present and subsequent claims related to the Settlement(s).

Duties: CAR agrees to make all reasonable efforts to file complete and accurate claims, and to secure payment of the claims on behalf of the Client. The Client has been informed of its right to file claims on its own behalf, but has decided to hire CAR to file any and all claims for Settlement.

Permission to Obtain Records: The Client hereby authorizes CAR to request, gather and/or copy all necessary documentation to complete all claims.

Compensation, Distribution & Payment: In consideration of the performance of the duties set forth above, the Client agrees to pay CAR a contingency fee of thirty-three percent (33%) of all proceeds received as payment for each and every claim filed pursuant to and arising from any Settlement(s) reached in the above referenced litigation. The Client agrees that any and all proceeds shall be paid directly to CAR by the claims administrator. CAR will deposit said proceeds into its bank account, and disburse to the Client its recovery less CAR’s compensation.

CAR Is Not Claimant’s Attorney and Is Not Practicing Law: The parties understand and agree that with respect to CAR’s duties and authority: (a) CAR is not providing the Client with legal representation; (b) CAR is not professing to possess specialized legal skills necessary to complete any forms to obtain Settlement; and (c) CAR will only investigate,collect, and submit documentation concerning the Client’s claims for Settlement.

Construction and Jurisdiction: This Agreement shall be construed in accordance with the laws of the State of Florida as an agreement executed and to be performed entirely therein without references to principles of conflict of law. The parties agree hereby to submit any disputes hereunder to the jurisdiction of the courts of Florida.

Confidentiality: Client information which is provided by the Client, or is obtained by CAR through the Client pursuant to this Agreement, is the confidential and proprietary information of the Client. CAR will use such information solely for the purpose of filing claims on behalf of the Client in this and all related class action settlements. Following the completion of the claims process and payment for services rendered, CAR will destroy any and all information about the Client except for one archival copy that it may keep for its records.

Multiple Entities, Succession and Locations (If Applicable): This Agreement covers Claimant and all of Claimant’s subsidiaries, affiliates, and related entities and locations, described in Schedule A, attached hereto and made a part thereof. Schedule A is not intended to reflect a full and complete list of all of Claimant’s subsidiaries, affiliates and/or related entities; the entities bound by this Agreement include, but are not limited to, those listed therein. Except as otherwise expressly provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, executors and administrators of the parties hereto.

The parties hereto have read, acknowledge, accept and agree to the terms & conditions of this Agreement. By signing this document you are attesting to the fact that you have the authority to enter into this Agreement.                               

Valeant TPP Settlement

• Settlement: $23,125,000
• Deadline: January 6, 2022
• Class Period: January 2, 2013 through November 9, 2015
• Class Members: all health insurance companies, health maintenance organizations, self-funded health and welfare benefit plans, other Third-Party Payors, and any other health benefit provider in the United States of America or its territories that paid or incurred costs for Valeant’s branded drug products in connection with a claim submitted by Philidor, a claim submitted by any pharmacy in which Philidor had a direct or indirect ownership interest, or a claim by any pharmacy for which the amount sought for reimbursement was alleged to be inflated as a result of Defendants’ allegedly fraudulent scheme, from January 2, 2013 through November 9, 2015, and allegedly suffered damages thereby. you may be eligible for payment from a class action settlement.

   

To be a member of the Settlement Class, you must have paid or incurred costs for a Valeant-branded drug that was purchased from or fulfilled by Philidor or a pharmacy in which Philidor had a direct or indirect ownership interest (a “Philidor Network Pharmacy”). The list of Philidor Network Pharmacies is:

Cambria Pharmacy D&A Pharmacy Heritage Compounding Pharmacy Orbit Pharmacy Parkwest Pharmacy

Philidor Rx Services, LLC Prescription Shoppe R&O Pharmacy Safe Rx Pharmacy West Wilshire Pharmacy

THIS AGREEMENT (the "Agreement") is entered into as of {todaysDate} by and between {companyLegal} and its affiliates, located at {street}, {streetAddress47}, {city}, {state}, {zip} (“Client"), and Class Action Refund, LLC (“CAR”), located at 346 SE 5th Ave, Delray Beach, FL 33483 agree as follows with respect to any and all Settlement(s) reached in a class action entitled In Re Valeant Pharmaceuticals International, Inc. Third-Party Payor Litigation, Civil Action Number 16-3087-(MAS)(LHG) pending in the United States District Court for the District of New Jersey (the "Settlement").

Scope of Limited Agency Relationship: The Client appoints CAR as exclusive recovery agent with full assignment authority to prepare and submit Client’s present and subsequent claims related to the Settlement(s).

Duties: CAR agrees to make all reasonable efforts to file complete and accurate claims, and to secure payment of the claims on behalf of the Client. The Client has been informed of its right to file claims on its own behalf, but has decided to hire CAR to file any and all claims for Settlement.

Permission to Obtain Records: The Client hereby authorizes CAR to request, gather and/or copy all necessary documentation to complete all claims.

Compensation, Distribution & Payment: In consideration of the performance of the duties set forth above, the Client agrees to pay CAR a contingency fee of thirty-three percent (33%) of all proceeds received as payment for each and every claim filed pursuant to and arising from any Settlement(s) reached in the above referenced litigation. The Client agrees that any and all proceeds shall be paid directly to CAR by the claims administrator. CAR will deposit said proceeds into its bank account, and disburse to the Client its recovery less CAR’s compensation.

CAR Is Not Claimant’s Attorney and Is Not Practicing Law: The parties understand and agree that with respect to CAR’s duties and authority: (a) CAR is not providing the Client with legal representation; (b) CAR is not professing to possess specialized legal skills necessary to complete any forms to obtain Settlement; and (c) CAR will only investigate,collect, and submit documentation concerning the Client’s claims for Settlement.

Construction and Jurisdiction: This Agreement shall be construed in accordance with the laws of the State of Florida as an agreement executed and to be performed entirely therein without references to principles of conflict of law. The parties agree hereby to submit any disputes hereunder to the jurisdiction of the courts of Florida.

Confidentiality: Client information which is provided by the Client, or is obtained by CAR through the Client pursuant to this Agreement, is the confidential and proprietary information of the Client. CAR will use such information solely for the purpose of filing claims on behalf of the Client in this and all related class action settlements. Following the completion of the claims process and payment for services rendered, CAR will destroy any and all information about the Client except for one archival copy that it may keep for its records.

Multiple Entities, Succession and Locations (If Applicable): This Agreement covers Claimant and all of Claimant’s subsidiaries, affiliates, and related entities and locations, described in Schedule A, attached hereto and made a part thereof. Schedule A is not intended to reflect a full and complete list of all of Claimant’s subsidiaries, affiliates and/or related entities; the entities bound by this Agreement include, but are not limited to, those listed therein. Except as otherwise expressly provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, executors and administrators of the parties hereto.

The parties hereto have read, acknowledge, accept and agree to the terms & conditions of this Agreement. By signing this document you are attesting to the fact that you have the authority to enter into this Agreement.