Welcome to the Information Web Site for the
In re CARDIZEM® CD CONSUMER SETTLEMENT
(Last updated on June 16, 2005)
This website was established to provide information to consumers about the Settlement of lawsuits brought by the State Attorneys General, their Commonwealths, and by counsel for other plaintiffs. These lawsuits were brought on behalf of consumers who paid for prescriptions of the drug Cardizem® CD and/or its generic versions at any time from January 1, 1998 through January 29, 2003. Generic prescriptions may be called Cartia XT, Diltiazem CD, or Diltiazem Hydrochloride Extended Release Capsules.
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The Consumer Claim Registration filing deadline ended on November 15, 2003. Pursuant to a Court Order, you can no longer register a claim, and we cannot accept additional Consumer Claim Registration Forms. If you are a third party payer, such as a medical insurer, please refer to the website at www.cardizemtppsettlement.com. That website provides information about the settlement of related lawsuits on behalf of a class of third party payers.
Below you will find summary information related to the consumer Settlement. For more detailed information, please click on the Notice of the Settlement of Class Action.
What is Cardizem® CD?
What is Cardizem® CD? (Top)
Cardizem® CD is a once-a-day prescription drug used to treat hypertension (high blood pressure) and angina (heart pains). Cardizem® CD is a Calcium channel blocker whose active ingredient is the chemical compound diltiazem hydrochloride.
Am I a Member of the Consumer Settlement Class? (Top)
You are a member of the Consumer Settlement Class if you paid all or part of the purchase price of Cardizem® CD and/or its AB-3 rated generic versions in the United States (including Puerto Rico) during the Class Period, January 1, 1998 through January 29, 2003. Generic versions of Cardizem® CD may be called Cartia XT, Diltiazem CD, or Diltiazem Hydrochloride Extended Release Capsules. You may ask your doctor or pharmacist if you are not sure whether Cardizem® CD in its brand name or generic form is what you took during the Class Period.
Who are the Defendants and what is the Litigation About? (Top)
The Defendants are Aventis Pharmaceuticals Inc. (formerly known as Hoechst Marion Roussel, Inc.) (“Aventis”), Aventis S.A. (formerly known as Hoechst Aktiengesellschaft), Carderm Capital L.P. and Andrx Corporations (“Andrx”). Lawsuits were filed against Defendants alleging that as a result of an agreement between Aventis and Andrx, consumers and state agencies were deprived of the option to purchase generic versions of Cardizem® CD. The lawsuits claimed that consumers and third party payers, primarily medical insurance companies, had paid more for Cardizem® CD than they would have if a generic version of Cardizem® CD had been available. The defendants deny allegations asserted by the Plaintiffs but are aware of the expense and risks inherent in complex litigation and have therefore agreed to a Settlement. The States and Private Plaintiffs’ Counsel consider the Settlement to be fair, reasonable and adequate, and in the best interests of all consumers and Third Party Payers.
What are the Terms of the Settlement? (Top)
The Defendants have agreed to pay approximately $80 million in return for Plaintiffs’ dismissal of their Litigation, and the release of all claims.
The $80 million will be divided between a Consumer Settlement Fund and a Third Party Payer Settlement Fund. The Consumer Settlement Fund will contain approximately $25 million and the Third Party Payer Settlement Fund will contain approximately $30 million. These Settlement Funds will be used to pay claims of consumers and Third Party Payers who purchased and /or paid for Cardizem® CD in its brand-name or generic versions in any State during the Class Period, and will also bear the administrative costs of those funds.
The States will receive $7 million to pay claims of state agencies, including their respective Medicaid agencies and to pay attorneys’ fees.
The Private Plaintiffs’ Counsel will ask the Court to approve legal fees and expenses of approximately $16 million. Up to $1.75 million will be spent on publication and notice associated with informing consumers and Third Party Payers of this Settlement and their rights.
What Rights/Options do I have as a member of the Consumer Settlement Class? (Top)
If you are a member of the Settlement Class, you did not need to take action to remain a member, although to receive payment from the Consumer Settlement Fund you must have registered a claim as discussed below. You will receive no payment if you did not register a claim. You will be bound by the judgment entered by the Court when the Settlement becomes final and your claims against these Defendants will be forever released.
If you chose to exclude yourself from the Consumer Settlement Class, you will not be bound by the Court’s judgment when it becomes final, you were not eligible to register a claim with or to receive any money from the Consumer Settlement Fund, and you were not eligible to comment on the fairness, adequacy, and reasonableness of the Settlement.
To have excluded yourself from the Consumer Settlement Class, you must have submitted a valid and timely written request for exclusion. Your exclusion request must have included your name, address, telephone number, and the name and number of this Litigation (In re Cardizem CD Antitrust Litigation, MDL No. 1278) and must have been signed by you. Your exclusion request must have been postmarked by 12:00 midnight PST September 22, 2003 and mailed to Cardizem CD Settlement Administrator, P.O. Box 1675, Faribault, MN 55021-1675.
The Court held a Settlement Hearing to determine if the Settlement is fair, reasonable and adequate on October 1, 2003, at 11 a.m., United States District Court for the Eastern District of Michigan, 231 West Lafayette Boulevard, Detroit, Michigan 48226. If you remained a member of the Settlement Class, you or your counsel had the right to appear before the Court and object to the Settlement. However, you must have filed a Notice of Appearance as outlined in the Notice of the Settlement of Class Action. The Court approved the Settlement on October 21, 2003.
How do I Register a Claim? (Top)The deadline to mail a Consumer Claim Registration or to register a claim on this web site was November 15, 2003. Pursuant to a Court Order, you are no longer able to register a claim, and we are unable to accept additional Consumer Claim Registration Forms.
What is the filing deadline and when will I get paid? (Top)
The Consumer Claim Registration deadline was November 15, 2003. On May 23, 2005, Plaintiffs asked the trial Court to approve a plan to distribute settlement proceeds to consumers. The Court approved this distribution plan on May 31, 2005. Payments will begin to be mailed the week of July 18, 2005.
What Important Dates do I need to know? (Top)
Claim Registration Period: The postmark deadline for a Consumer Claim Registration (November 15, 2003) has expired.
Deadline to Exclude Yourself: The postmark deadline to request exclusion from the Settlement (September 22, 2003) has expired.
Comment/Objection: The postmark deadline to submit comments or objections (September 23, 2003) has expired.
Notice of Appearance: Any Notice of Appearance was to be received by the Clerk of the United States District Court for the Eastern District of Michigan on or before September 23, 2003.
Settlement Hearing: The Court held a Final Approval Hearing to determine if the proposed Settlement was fair, reasonable and adequate on October 1, 2003, at 11 a.m., in the United States District Court for the Eastern District of Michigan, 231 West Lafayette Boulevard, Detroit, Michigan 48226. The settlement has been approved and the rights to appeal that approval have ended. - On October 21, 2003 the Court issued an Order granting Final Approval of the Settlement. The Sixth Cicuit Court dismissed the only appeal of final approval on December 14, 2004. The Supreme Court refused to review the Sixth Circuit decision on May 23, 2005.
What is the Third Party Payers Settlement Fund? (Top)
The Third Party Payer Settlement Fund is for entities, primarily medical insurance companies, which paid all or part of the purchase price of Cardizem® CD products for their members. Persons or entities that believe they may be Third Party Payer Class Members should refer to the website at www.cardizemtppsettlement.com.