IN RE THALOMID REVLIMID LITIGATION

Frequently Asked Questions

  1. How do I know if I am a part of the Settlement?
  2. What is the difference between a Consumer Claimant and TPP Claimant?
  3. Are there exceptions to being in the Settlement?
  4. How much is the Settlement?
  5. How do I file a claim?
  6. How do I request to be excluded from the Settlement Class?
  7. How do I object to the settlement?
  8. What is the difference between objecting to the settlement and asking to be excluded from it?
  9. When is the Fairness Hearing and can I speak?
  10. What happens if I do nothing?
  11. How do I update the claim I filed?
  12. How do I get more information?
  1. How do I know if I am a part of the Settlement?

    As a Consumer, you may be a member of the Settlement Class if:

    (1)    you are a person in the United States and its territories who, in California, the District of Columbia, Florida, Kansas, Maine, Massachusetts, Michigan, Nebraska, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, or Tennessee, and

    (2)    you purchased or paid for some or all of the purchase price for Thalomid or Revlimid before August 1, 2019 for consumption by yourself or your family member.

     

    As a Third Party Payor, such as a health and welfare plan or insurance company that provide payment or reimbursement from its own funds for some or all of the cost of prescription drug purchases made by its members, employees, insureds, participants, or beneficiaries, you may be a member of the Settlement Class if you paid for some or all of the purchase price of Thalomid or Revlimid (for use by their members, employees, insureds, participants, or beneficiaries) in California, the District of Columbia, Florida, Kansas, Maine, Massachusetts, Michigan, Nebraska, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, or Tennessee any time before August 1, 2019.

     

    Members, employees, insureds, participants, or beneficiaries must been located in one of these states or requested to have the prescription filled while located in one of these states, or your billing department must have been located in one of these states, or the pharmacy to which payments were made must have been located in one of these states.

     

    You are not a member of the  Settlement Class if: 

    (1)    You are Celgene or its officers, directors, management, employees, subsidiaries, and affiliates;

    (2)    Federal or state governmental entities, except cities, towns, or municipalities with self-funded prescription drug plans;

    (3)    Persons or entities who only purchased Revlimid or Thalomid for purposes of resale directly from Celgene or its Affiliates;

    (4)    Fully insured health plans;

    (5)    Stop-loss insurers; and

    (6)    The judges in this Action and any members of their immediate families.

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  2. What is the difference between a Consumer Claimant and TPP Claimant?

    A Third-Party Payor is a health and welfare plan or insurance company that provides payment or reimbursement from its own funds for some or all of the cost of prescription drug purchases made by its members, employees, insureds, participants, or beneficiaries. As a TPP, you may be a member of the Settlement Class if you paid for some or all of the purchase price of Thalomid or Revlimid (for use by their members, employees, insureds, participants, or beneficiaries). 

    A Consumer is an individual purchaser of Thalomid and Revlimid for their own use or for the use of a family member. 

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  3. Are there exceptions to being in the Settlement?

    Yes. The settlement does not include: 

    (1)    Celgene and its officers, directors, management, employees, parents, subsidiaries, or affiliates;

    (2)    Federal or state governmental entities, except cities, towns, or municipalities with self-funded prescription drug plans;

    (3)    Persons or entities who only purchased Revlimid or Thalomid for purposes of resale directly from Celgene or its Affiliates;

    (4)    Fully insured health plans;

    (5)    Stop-loss insurers; and

    (6)    The judges in this Action and any members of their immediate families; or 

    (7) You submit a request to exclude yourself from the Settlement Class.

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  4. How much is the Settlement?

    Celgene has established a Settlement Fund for $55 million. After deducting Court-approved attorneys' fees and expenses, and the costs of providing the settlement notice to class members and administration, the remaining balance of the Settlement Fund will be allocated to Settlement Class Members based on the plan of allocation.  

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  5. How do I file a claim?

    To qualify for a payment, you must complete and submit a claim form on or before December 30, 2019. You can download a claim form on the Case Documents page of this website or visit the Claim Filing page on this website where you can complete and submit it immediately. 

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  6. How do I request to be excluded from the Settlement Class?

    TPPs that want to be excluded from the Settlement Class must mail a written request for exclusion to the Settlement Administrator.

    The deadline to exclude your entity from the Class is by December 2, 2019Your request for exclusion must include: (1) the entity name and address; (2) the name of the entity representative; (3) the name of this case, In re Thalomid and Revlimid Antitrust Litigation, Case No. 2:14-cv-06997; (4) a statement, signed by an authorized representative, that your entity is a Settlement Class Member and you wish for it to be excluded from the Settlement Class; (5) data sufficient to establish your entity's relevant Thalomid and Revlimid purchases or payments, measured in number of prescriptions, number of pills, and dollars paid for by the entity, and aggregated on a monthly basis for each of Thalomid and Revlimid, and each state in which the relevant purchases or payments were made. Your request for exclusion must be mailed to the Settlement Administrator at the address below and postmarked no later than December 2, 2019:

    In re Thalomid and Revlimid Antitrust Litigation

    Settlement Administrator
    P.O. Box 43143

    Providence, RI 02940-3143

    Consumers who want to be excluded from the Settlement Class must mail a written request for exclusion to the Claims Administrator at the above address. The request for exclusion must include: (1) your name and address; (2) the name of the case; (3) a statement that you are a Settlement Class Member and you wish to be excluded from the Settlement Class; and (4) your signature. Requests for exclusion need to be postmarked no later than December 2, 2019.

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  7. How do I object to the settlement?

    If you are a Settlement Class Member, you can object to the settlement if you do not like it or a portion of it. To object, you must send a letter via First Class U.S. mail saying that you object to the settlement of In re Thalomid and Revlimid Antitrust Litigation, Case No. 2:14-cv-06997. Your objection must also include: (1) your name; (2) address; (3) telephone number; (4) signature; and (5) the reasons why you object to the settlement. Mail your objection to all three addresses below postmarked on or before December 2, 2019.


    Clerk of the Court

    Class Counsel

    Defense Counsel

    Clerk of the United States District Court for the District of New Jersey
    Martin Luther King Building & U.S. Courthouse

    50 Walnut Street, Room 4015

    Newark, NJ 07101

    Melinda R. Coolidge

    Hausfeld LLP

    1700 K Street, NW 

    Suite 650

    Washington, DC 20006

    John E. Schmidtlein

    Williams & Connolly LLP

    725 12th Street NW

    Washington, DC 20005

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  8. What is the difference between objecting to the settlement and asking to be excluded from it?

    Objecting is telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself or your entity is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you cannot object because the settlement no longer affects you.

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  9. When is the Fairness Hearing and can I speak?

    The Court will hold a Fairness Hearing at 2:00 p.m. on Monday, January 6, 2020 at the United States District Court for the District of New Jersey, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, New Jersey 07101. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. Class Counsel will answer any questions Judge Arleo may have. However, you are welcome to come to the hearing at your own expense. 

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  10. What happens if I do nothing?

    If you do nothing, you will remain a member of the Settlement Class and you will not receive any monetary benefit from the Settlement. If you are a Settlement Class Member, you will be bound by past and any future Court rulings on, or settlement of, the claims against Celgene, and you will not be able to pursue your own claims against Celgene.

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  11. How do I update the claim I filed?

    If you have to make any changes to your claim, you can email your updates by including your name and claim ID number in the subject line to the Settlement Administrator at info@thalomidrevlimidlitigation.com or send a letter to: In re Thalomid and Revlimid Antitrust Litigation Settlement Administrator, PO Box 43143, Providence, RI 02941-3143. Please be advised that claim updates that do not include a Claim ID or your name may not be processed. 

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  12. How do I get more information?

    For additional information, you can download and view the court documents found on the Court Documents page of this website. You can also download copies of the Notice and Claim Form that provide additional information regarding this matter. If you still have questions you can email the Settlement Administrator at info@thalomidrevlimidlitigation.com or write a letter to: In re Thalomid and Revlimid Antitrust Litigation Settlement Administrator, PO Box 43143, Providence, RI 02941-3143.

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