Valeant TPP Settlement

By providing your information, either on paper, electronically or through a website, you consent to us storing and using your information for case administration purposes only. Our site uses tracking technologies to tailor your experience and understand how you and other visitors use our site. By continuing to navigate this site you consent to use of these tracking technologies. For more information on how we use your personal data, please read our Privacy Policy.

Valeant TPP Settlement
Home
Home
Notice
Notice
File a Claim
File a Claim
Court Documents
Court Documents
Contact Information
Contact Information

The information contained on this website is only a summary.  You may download a copy of the full Notice by clicking here.  Since this website is just a summary, you should review the Notice for additional details.

If you are a Third-Party Payor and made payments or reimbursements for Valeant-branded drugs fulfilled through Philidor from January 2, 2013 through November 9, 2015, you may be eligible for payment from a class action settlement.

Two settlements providing for a total cash payment of $23.125 million have been proposed in a class action lawsuit brought on behalf of Third-Party Payors (“TPPs”) who paid or incurred costs for Valeant-branded drugs from January 2, 2013 through November 9, 2015, that were purchased through Philidor Rx Services, LLC ("Philidor") or any pharmacy in which Philidor had a direct or indirect ownership interest.   

The lawsuit, called In re Valeant Pharmaceuticals International, Inc. Third-party Litigation, Civil Action No. 16-3087-(MAS)(LHG), is pending in the United States District Court for the District of New Jersey (the “Court”).  Plaintiffs in the lawsuit allege that Valeant Pharmaceuticals International, Inc. (“Valeant”), Philidor, and other Defendants violated the Racketeer Influenced and Corrupt Organizations Act by causing Third-Party Payors to pay artificially inflated prices for Valeant drugs as a result of a fraudulent scheme in which Valeant secretly controlled a captive pharmacy network through Philidor.

WHAT DO THE SETTLEMENTS PROVIDE?

The proposed settlements provide a total cash payment of $23.125 million.  Plaintiffs have reached a proposed settlement with Valeant for $23 million (the "Valeant Settlement") and a proposed settlement with Philidor, Andrew Davenport, and the Estate of Matthew S. Davenport for $125,000 (the Philidor Defendants Settlement" and with the Valeant Settlement, the "Settlements").

The combined Settlement Amounts, plus interest earned, are known as the “Settlement Funds.” The Net Settlement Funds (i.e., the Settlement Funds less: (i) any Taxes; (ii) any Notice and Administration Costs; (iii) any Litigation Expenses and service awards for Plaintiffs awarded by the Court; (iv) any attorneys’ fees awarded by the Court; and (v) any other costs or fees approved by the Court) will be distributed to eligible claimants in accordance with a plan of allocation to be approved by the Court.

WHO IS INCLUDED IN THE SETTLEMENT CLASS?

The Settlement Class includes 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. 

A Third-Party Payor (or “TPP”) is an entity in the United States of America or its territories 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 Class are Pharmacy Benefit Managers, Defendants, Defendants’ successors and assigns, and any entity in which any Defendant has or had a controlling interest.  Also excluded from the Settlement Class are any entities that submit a Request for Exclusion from the Settlement Class that is accepted by the Court.

SETTLEMENT HEARING

The Court will hold a hearing to consider the final approval of the Settlements, called a “Settlement Hearing,” on December 2, 2021, at 10:00 a.m. Eastern, by videoconference. Settlement Class Members and other interested persons who wish to attend the Settlement Hearing may contact Lead Counsel to obtain the information to access the videoconference by emailing settlements@blbglaw.comThe Court may reschedule the Settlement Hearing without further notice to the Settlement Class.


YOUR LEGAL RIGHTS AND OPTIONS

 FILE A CLAIM

Third-party payors must submit a Claim Form postmarked (if mailed) or filed online by January 6, 2022 to be eligible for a payment from the Settlements. The Claim Form, and instructions on how to submit it, are available on the Claim Form page of this website or by clicking here.

DO NOTHING.

You are automatically part of the class action if you fit the definition of the Settlement Class below.  However, if you do not file a claim by January 6, 2022, you will not receive any payment from the Settlements. 



adobe reader imageYou will need Adobe Reader to view documents on this site. You can learn more about Adobe Reader and download the latest version by clicking here.