UPDATE:
On September 1, 2020, the Court entered orders approving the class action settlements with Defendants Lupin Limited and Lupin Pharmaceuticals, Inc and the Warner Chilcott Defendants. Copies of the Orders are available on the Court Documents page of this website.

The deadline for TPPs to submit claims is September 21, 2020. Only TPPs (i.e., health insurers, employer-provided health care plans, union health and welfare plans or their administrators) should submit claims. Consumer Class members, individuals that purchased Loestrin 24 Fe, Minastrin 24 Fe and-or its generic equivalents, for consumption by themselves or their families, cannot get any payment.

The information contained on this website is only a summary. You may download a copy of the Notice of Class Action and Proposed End-Payor Settlements by clicking here. Since this website is just a summary, you should review the Notice for additional details.


If You Purchased Loestrin 24 FE, Minastrin 24 FE, and/or Their Generic Equivalents

Settlement of a Class Action Lawsuit May Affect Your Rights

Settlements have been reached in a class action lawsuit involving the oral contraceptives Loestrin 24 Fe and Minastrin 24 Fe (the “Settlements”) with the Lupin Defendants, including Lupin Ltd. and Lupin Pharmaceuticals, Inc., and the Warner Chilcott Defendants, including: Defendants Warner Chilcott Co., LLC f/k/a Warner Chilcott Co., Inc., Warner Chilcott (US), LLC, Warner Chilcott Sales (US), LLC, and Watson Laboratories, Inc.; related Warner Chilcott and Watson entities Warner Chilcott plc n/k/a Allergan WC Ireland Holdings Ltd., Warner Chilcott Holdings Co. III, Ltd., Warner Chilcott Corp., Warner Chilcott Laboratories Ireland Limited, Warner Chilcott Limited, and Watson Pharmaceuticals, Inc.; and parent entity Allergan plc. The lawsuit claims that Defendants harmed competition and violated state antitrust, consumer protection, and unjust enrichment laws in the United States and its territories by unlawfully delaying the availability of less expensive generic versions of Loestrin 24 Fe and Minastrin 24 Fe. The Defendants deny this. No one is claiming that Loestrin 24 Fe or Minastrin 24 Fe are unsafe or ineffective.

What Do The Settlements Provide?

To settle the lawsuit, the Lupin Defendants agreed: (i) to deposit $1,000,000 into a Settlement Fund; and (ii) to cooperate with End-Payor Plaintiffs in their case against the Warner Chilcott Defendants (the “Lupin Settlement”). The Warner Chilcott Defendants agreed to deposit $62.5 million into a Settlement Fund to settle all claims in the lawsuit (the “Warner Chilcott Settlement”).

If the Settlements are approved by the Court and become final, Plaintiffs’ Counsel may seek approval from the Court to obtain from the Settlement Fund: (i) reimbursement of reasonable costs and expenses incurred by Counsel in connection with the litigation, plus interest thereon, including payment of the cost of notice of the Settlements to the Lupin Settlement Class third-party payor (“TPP”) Class, administration of the Settlement Fund, escrow administration, and taxes; (ii) attorneys’ fees (in connection with the Warner Chilcott Settlement only; no attorneys’ fees are requested in connection with the Lupin Settlement); and (iii) payment for service awards to the named Plaintiffs in recognition of their efforts to date on behalf of the Settlement Classes. Any remainder in the Settlement Fund, after the payment of the above expenses, shall be distributed to the End-Payor Class pursuant to the Plan of Allocation approved by the Court. The Settlement Agreements, available on the Court Documents page of this website, contain more details.

Who Is Included In The Settlement Classes?

The Settlement Classes include: (i) the Lupin Settlement Class, which includes consumers and TPPs; and (ii) the TPP Class, which was certified by the Court. The Warner Chilcott Settlement only includes the TPP Class.

Generally, for the Lupin Settlement, you are included in the Lupin Settlement Class if you purchased, paid, and/or provided reimbursement for some or all of the purchase price of Loestrin 24 Fe, Minastrin 24 Fe, and/or their generic equivalents, other than for resale, in the United States and its territories, from September 1, 2009 through and until May 2, 2019. Consumers and TPPs are members of the Lupin Settlement Class.

The Warner Chilcott Settlement includes only the TPP Class, and you are generally included in the TPP Class if you are a TPP (such as a self-insured health plan) that purchased, paid, and/or provided reimbursement for some or all of the purchase price for Loestrin 24 Fe, Minastrin 24 Fe, and/or generic versions of these drugs, for consumption by your members, employees, insureds, participants, or beneficiaries, other than for resale, in the United States and its territories, from September 1, 2009 through and until September 17, 2019.

You are NOT a member of the Class if you: (i) are one of the Defendants or their officers, directors, management, employees, subsidiaries, or affiliates; (ii) are a federal or state governmental entity, excluding cities, towns, or municipalities with self-funded prescription drug plans; (iii) purchased Loestrin 24 Fe or its AB-rated generic equivalent, and/or Minastrin 24 Fe or its AB-rated generic equivalent, for purposes of resale or directly from Defendants or their affiliates; (iv) are a fully insured health plan (i.e., plans that purchased insurance from another TPP covering 100% of the plan’s reimbursement obligations to its members); (v) are a “flat co-pay” consumer whose purchases were paid in part by a third-party payor and whose co-payment was the same regardless of the retail purchase price; (vi) are a “brand loyalist” consumer or third-party payor who purchased Loestrin 24 Fe and who did not purchase any AB-rated generic equivalent after such generics became available; (vii) are a judge in this case or a member of his or her immediate family; (viii) are a pharmacy benefit manager; and/or (ix) previously excluded yourself from the TPP Class.

IMPORTANT DATES


Your Legal Rights and Options in These Settlements
SUBMIT A CLAIM Third-party payors must submit a Claim Form by September 21, 2020 to be eligible for a payment from the Warner Chilcott Settlement. The Claim Form, and instructions on how to submit it, are available on the Claim Form page of this website. Consumers are not part of the Warner Chilcott Settlement Class.
EXCLUDE YOURSELF FROM THE LUPIN SETTLEMENT CLASS This option allows you, if you are a consumer, to exclude yourself from the Lupin Settlement Class and instead file a lawsuit against Lupin that asserts claims related to the allegations or claims in this case. The exclusion deadline for the Lupin Settlement Class is June 22, 2020.
OBJECT TO THE SETTLEMENTS Do not exclude yourself. Write to the Court and explain what you do not like about the Settlements. The objection deadline is June 22, 2020.
GO TO A HEARING Ask to speak in Court about the fairness of the Settlements. Your notice of intention to appear at the Final Approval Hearing must be postmarked no later than June 22, 2020. The Court will hold the hearing at 10:00 a.m. on August 27, 2020. The hearing may be moved to a different date or time without additional notice, check this website for updates.
DO NOTHING Give up rights to be part of any other lawsuit that asserts claims related to the allegations or claims against the Lupin or Warner Chilcott Defendants in this case.You will forfeit your right to get a monetary benefit from the Settlements and give up your rights to assert claims released by these Settlements against the Settling Defendants about the alleged U.S. Dollar LIBOR manipulation and its alleged impact on Eurodollar Futures that are at issue in this case.