National Geographic : 2013 Apr
If You Purchased and/or Paid for Flonase or Generic Flonase A Class Action Settlement Could Affect You A proposed Settlement has been reached in a class action lawsuit regarding the prescription nasal spray Flonase. The lawsuit claims that the seller of Flonase violated state laws by delaying the availability of generic versions of Flonase. The seller is SmithKline Beecham Corporation doing business as GlaxoSmithKline (“GSK”). GSK denies it has done anything wrong but agreed to the Settlement to resolve the controversy and to avoid the cost and expense of further litigation. No one is claiming that Flonase or its generic equivalent is unsafe or ineffective. Who is included? You are a Consumer Class Member if you: s 0URCHASED ANDOR PAID FOR &LONASE ANDOR ITS generic equivalents, s !NYWHERE IN THE 5NITED 3TATES AND ITS territories, s &OR PERSONAL FAMILY OR HOUSEHOLD USE s "ETWEEN -AY AND -ARCH 9OU hPURCHASED ANDOR PAID FORv &LONASE OR generic Flonase (fluticasone propionate nasal spray) if you were: (a) An uninsured consumer who paid the entire cost of the prescription, or (b) An insured consumer who made a co- payment or other partial out-of-pocket payment, or paid the entire cost because you had not met a deductible amount under your health plan. What does the Settlement Provide? '3+ WILL PAY MILLION INTO A 3ETTLEMENT Fund to settle all claims in the lawsuit brought on behalf of consumers and health insurers KNOWN AS 4HIRD 0ARTY 0AYORS OR h400S ! GROUP OF 400S CALLED 3ETTLING (EALTH 0LANS h3(0Sv ALSO SETTLED WITH '3+ UNDER A SEPARATE Call Toll-Free: 1-800-549-1836 Visit: www.FlonaseSettlement.com Legal Notice AGREEMENT FOR MILLION 4O MAKE SURE THEIR payments were approximately proportionate TO THOSE OF #LASS -EMBERS 3(0S MAY RECEIVE payments from or contribute payments to the Class Settlement Fund. Class Counsel will ask the Court to award attorneys’ fees in an amount not to exceed one-third of the Settlement Fund, plus interest, litigation expenses and incentive payments to the Class Representatives. After THESE DEDUCTIONS AND ANY 3(0 PAYMENTS THE remainder of the Class Settlement Fund will be distributed pro rata to Class Members. What can I get from the Settlement? The amount of money you are eligible to receive will depend on how much you paid for Flonase and generic Flonase and on how much OTHER #LASS -EMBERS AND 3(0S PAID ANDOR reimbursed. How do I get a payment? Submit a Claim Form by August 15, 2013. See below. What are my other rights? If you do not want to be legally bound by the Settlement, you must exclude yourself from the Settlement. The exclusion deadline is May 3, 2013. If you stay in the Settlement you will not be able to sue GSK for any claims relating to the Settlement. You will be bound by all the Court’s ORDERS (OWEVER IF YOU STAY IN THE 3ETTLEMENT you may object to it by May 3, 2013. The Court will hold a hearing on June 3, 2013 at 10:30 a.m. to consider whether to approve the Settlement and a request for attorneys’ fees, expenses and incentive awards. The Court has appointed attorneys to represent the Class. You or your own lawyer may ask to appear and speak at the hearing at your own expense.