Frequently Asked Questions

What information is available at this website?

This website provides important information about the settlement of a lawsuit that may affect your legal rights.  If you are a consumer who paid all or part of the purchase price of Cardizem® CD and/or its generic versions (which may have been called Cartia XT, Diltiazem CD, or Diltiazem Hydrochloride Extended Release Capsules) in the United States, District of Columbia, or Puerto Rico during the period January 1, 1998 through January 29, 2003, you are a member of the settlement class, and may be entitled to make a claim for a cash recovery.  This website tells you how you may register a claim for a payment from the Consumer Settlement Fund, and provides further information about the lawsuit and your options under the settlement.

Who are Defendants and what is the Lawsuit about?

Lawsuits were filed against 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”) 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, 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 risk inherent in complex litigation and have therefore agreed to a proposed Settlement. 

The proposed Settlement of lawsuits was brought by the State Attorneys General, their Commonwealths, and by counsel for other plaintiffs.  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.

Am I being sued?

No, you are not being sued.  Lawsuits were filed against the Defendants listed above.

Are the drugs involved in the lawsuit defective?

No.  The lawsuit alleges that the Defendants took actions to deny consumers access to lower-priced generic versions of the drug Cardizem® CD and violated federal and state antitrust laws.  There are no allegations that either Cardizem® CD and/or its generic versions, which may be called Cartia XT, Diltiazem CD, or Diltiazem Hydrochloride Extended Release Capsules, are defective, or harmful in any manner.

What are the terms of the Settlement?

Under the proposed Settlement, the Defendants have agreed to pay approximately $80 million in return for Plaintiffs’ dismissal of their Litigation, and the release of all claims that were or could have been asserted. 

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 at any time from January 1, 1998 through January 29, 2003.  Any monies that remain in the Consumer Settlement Fund after payment of all valid consumer claims will be distributed in a manner and on terms and conditions determined by the Court.

The States will receive approximately $7 million to pay claims of state agencies, including their respective Medicaid agencies, and to pay attorneys’ fees.  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 is Cardizem® CD and what is it used for?

Cardizem® CD is a once-a-day prescription drug used to treat hypertension (high blood pressure) and angina (heart pains).  Cardizem® CD is acalcium channel blocker whose active ingredient is the chemical compound diltiazem hydrochloride. 

Who is entitled to register for a claim and receive payment?

If you paid all or part of the purchase price of Cardizem® CD and/or its generic versions (whichmay be called Cartia XT, Diltiazem CD, or Diltiazem Hydrochloride Extended Release Capsules) in the United States, District of Columbia or Puerto Rico during the period January 1, 1998 through January 29, 2003, you are a member of the Settlement Class and must register a claim to receive payment. You will receive no payment if you do not register a claim. 

How do I Register a Claim?

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.

If I am eligible to register a claim, how much will I be paid?

If the Settlement is approved, the amount you will receive will be based on several factors.  These factors include the amount that you paid for Cardizem® CD and/or its generic versions, the time period you purchased Cardizem® CD and/or its generic versions, whether you received any reimbursement from insurance, and the number of registrations received for eligible claimants.  Consumers who had no prescription drug coverage and purchased Cardizem® CD products in the years 1998 and/or 1999 have been determined to have suffered the greatest impact from the alleged delay of generic entry, and will receive the highest level of award from the Consumer Settlement Fund.  All other eligible consumers will be awarded payments at a lower rate. 

Can I register a claim on behalf of a person who was treated with Cardizem® CD and/or its generic versions and is now deceased?

Yes.  If you are the legal representative (such as the executor or administrator of the estate) of a deceased person who paid all or part of the purchase prices of Cardizem® CD and/or its generic versions during the period January 1, 1998 through January 29, 2003, you may register a claim. 

What documentation or proofs of purchase do I need to submit with my claim registration?

To qualify to receive payment, you must certify that the information provided on the registration is, to the best of your knowledge, true and correct.   You are not required to provide any documentation or proof of purchase with the claim registration.  If documentation is required at a later time to validate your claim, you will be asked to submit purchase verification for Cardizem® CD and/or its generic versions.

If you register a claim on behalf of a deceased claimant, the Claims Administrator may contact you fordocumentation of your authority to act on behalf of the deceased (such as letters of appointment or testamentary, or appointment of executor).

I’m not certain I was treated with Cardizemâ CD and/or its generic version.  How can I tell?

Generic versions of Cardizem® CD may be called Cartia XT, Diltiazem CD, or Diltiazem Hydrochloride Extended Release Capsules.  If you are unsure of your purchases during the period January 1, 1998 through January 29, 2003, you may ask your doctor or pharmacist to see whether you purchased Cardizem® CD in its brand-name or generic form.

What is the filing deadline and when will I get paid?

All claim registrations must be postmarked (or submitted electronically) before 12:00 midnight PST on November 15, 2003.  Once the Court gives final approval to the Settlement, and the period for filing appeals has expired, payments will be distributed to those individuals who submitted valid claims by the claim registration deadline.           

Will I be notified of the outcome of my claim?

Yes.  If your claim registration is accepted, you will receive payment and a confirmation letter in the mail.  If your claim is not accepted because the information you provided was insufficient, or for any other reason, you will be notified of your claim status by mail.  You should also feel free to visit this website for periodic updates on the status of Settlement approval and the claim registration process.           

I’m not eligible for a cash payment.  Do I need to do anything?

No.  If you have determined that you are not eligible for a cash payment, you need not take any further action.

Should I use a “claims filing” company or attorney to help me submit or register a claim? 

There are no fees for registering claims.  It is not necessary to seek a  “claims filing” company or attorney to submit or register your claim.  If you need assistance with filing a claim, please see the instructions at this website, or call the Cardizem Settlement Administrator at (hearing impaired call ).

If I don’t want to register a claim, what do I do?

You only need to register a claim if you wish to receive a cash payment.  If you are eligible to register a claim but do not wish to do so, you need not take any action.

Can I submit comments about the Settlement?

Yes.  You may (but are not required to) submit comments in favor of or objecting to the proposed Settlement.  If you wish to submit comments, they must be made in writing and include: your name and address; telephone number; the name and number of the lawsuit (In re Cardizem CD Antitrust Litigation, MDL No. 1278) and be signed by you.  The comments must be mailed and postmarked by 12:00 midnight PST on September 23, 2003 to each of the persons and entities you will find identified in Section III.A, page 6, of the Notice of the Settlement of Class Action. 

Can I talk to someone about this – the Settlement Administrator or an attorney?

Yes.  You can talk to the Cardizem Settlement Administrator by calling toll-free at .  The toll free number for the hearing impaired is .  The Settlement Administrator can also help put you in touch with your state Attorney General’s office, who represent consumers in this case and is available to assist you with questions you may have about the lawsuit or this Settlement.  Of course, you may also retain your own attorney.

If I don’t want to be part of the Settlement, how do I exclude or opt out from the Settlement?

If you wish to exclude yourself from the Settlement Class, your exclusion or opt out request must be made in writing and must be postmarked by September 22, 2003.  To exclude yourself, you must complete the Opt Out Form, which is part of the Consumer Claim Registration form, or submit your request in writing.  The request must include: your name and address; telephone number; the name and number of the lawsuit (In re Cardizem CD Antitrust Litigation, MDL No. 1278); a clear statement of your desire to be excluded, and be signed by you.  The exclusion request must be mailed and postmarked by September 22, 2003 to Cardizem CD Settlement Administrator, PO Box 1675, .  If you choose to exclude yourself, you may not register a claim for a cash payment.