If You Purchased or Paid for the Drug NEXIUM® (esomeprazole magnesium) in Massachusetts, You Could Receive Benefits from a Class Action Settlement, Whether You Are an Individual or a Third Party Payor
BOSTON, April 2, 2013 /PRNewswire/ -- The following statement is being issued by Hagens Berman LLP regarding the class action settlement in Commonwealth Care Alliance, et al. v. AstraZeneca Pharmaceuticals L.P., et al.
If You Purchased or Paid for the Drug NEXIUM® (esomeprazole magnesium) in Massachusetts, You Could Receive Benefits from a Class Action Settlement, Whether You Are an Individual or a Third Party Payor.
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
A proposed settlement has been reached with AstraZeneca Pharmaceuticals LP, the maker of NEXIUM®, in a class action lawsuit pending in Suffolk County Superior Court in the Commonwealth of Massachusetts. The Lawsuit claims, but AstraZeneca denies, that AstraZeneca deceptively marketed NEXIUM®. Plaintiffs do not claim that NEXIUM® is unsafe in any way.
What Are the Terms of the Settlement?
AstraZeneca has agreed to pay a total of $20,000,000.00 to settle all claims made in this Lawsuit. The Settlement is not an admission of wrongdoing or an indication that any law was violated. The attorneys who represent Plaintiffs and the Class will seek attorneys' fees not to exceed 30% of the Settlement Fund, litigation expenses advanced on behalf of the Class, and awards to the two Plaintiffs in recognition of their efforts on behalf of the Class.
Who Is Included?
You may be eligible for a settlement payment if, from March 1, 2001, through February 6, 2013, you: (a) purchased NEXIUM® in or from Massachusetts, or (b) reimbursed or paid for NEXIUM® dispensed in Massachusetts, or (c) reimbursed or paid for NEXIUM® purchased by mail order from Massachusetts. For more information, visit www.MassachusettsNexiumLitigation.com or call (866) 881-8313.
What Can You Get?
Payments will be based on the number of valid claims filed as well as on the dollar amounts and/or number of prescriptions paid for NEXIUM®. More details are available in the Settlement Agreement and the "Full Notice of Proposed Class Action Settlement," both of which you can get at www.MassachusettsNexiumLitigation.com or by calling (866) 881-8313.
How to Get a Payment?
You must submit a valid, sworn Claim Form, which must be postmarked, faxed, emailed or submitted online by August 30, 2013. Separate Claim Forms for individual consumers and Third Party Payors, and instructions on how to submit a Claim Form, are available at www.MassachusettsNexiumLitigation.com or by calling (866) 881-8313.
Your Other Rights.
If you are a member of the Class and do nothing, you will be bound by the settlement terms but will not receive any money from the settlement fund. You may object to or comment on the Settlement by May 31, 2013, by following the instructions in the Full Notice. The Court will hold a Fairness Hearing on July 31, 2013, at 2:00 p.m., to decide whether to approve the Settlement, as well as whether to approve a request for attorneys' fees, costs, and incentive awards to the Named Plaintiffs. If you are a member of the Class, you can appear at the hearing but don't have to. You can hire your own attorney, at your own expense, to appear or speak for you at the hearing.
To obtain the detailed Full Notice about the Settlement and a Claim Form:
Visit: www.MassachusettsNexiumLitigation.com; or
Call toll-free: (866) 881-8313; or
Write: Massachusetts Nexium Litigation Administrator, c/o GCG, P.O. Box 9702, Dublin, OH 43017-5602
SOURCE Hagens Berman LLP