Hagens Berman Sobol Shapiro LLP, Hilliard & Shadowen LLP and Durie Tangri LLP announce partial settlement in class action lawsuit involving antiretroviral drugs

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SAN FRANCISCO, December 30, 2021 / PRNewswire / –

If you have purchased Atripla, Biktarvy, Complera, Descovy, Evotaz, Genvoya, Odefsey, Prezcobix, Stribild, Symtuza, Truvada or Viread, the partial settlement of a class action lawsuit may affect your rights.
Payments to eligible consumers of Atripla and Evotaz will vary depending on the number of complaints, but are expected to be on average $ 70.50 at $ 282.

A partial settlement has been reached in a class action lawsuit involving the antiretroviral drugs Atripla, Biktarvy, Complera, Descovy, Evotaz, Genvoya, Odefsey, Prezcobix, Stribild, Symtuza, Truvada and Viread (the “Settlement”). The lawsuit alleges that Gilead Sciences, Inc., Gilead Holdings, LLC, Gilead Sciences, LLC and Gilead Sciences Ireland UC (“Gilead”), Bristol-Myers Squibb Company and ER Squibb & Sons, LLC (“BMS”), and Johnson & Johnson, Janssen Products LP and Janssen R&D Ireland (“Janssen”) (collectively, the “Defendants”) have engaged in various allegedly anti-competitive behavior which has caused certain consumers and third-party payers (the “final payer category”, discussed below) to overpay for anti-HIV drugs, in particular: Atripla, Biktarvy, Complera, Descovy, Evotaz, Genvoya, Odefsey, Prezcobix, Stribild, Symtuza, Truvada and Viread. The defendants deny any wrongdoing. No one is claiming that any of these drugs are dangerous or ineffective.

WHAT DOES THE REGULATION PROVIDE?

To settle all of the claims against it in the lawsuit, BMS agreed not to apply a certain contractual provision in its agreement with Gilead, involving the drug Evotaz, which the plaintiffs allege as anti-competitive. BMS also undertakes to deposit $ 10,000,000 in a settlement fund. Claims against Gilead and Janssen are unaffected by the Settlement of the Complainants with BMS, and the litigation against Gilead and Janssen will continue.

If the settlement is approved by the court and becomes final, plaintiffs counsel will seek reimbursement of the settlement fund for $ 2.5 million in the costs and expenses advanced by the lawyer on behalf of the plaintiffs in connection with the litigation. Complainants’ counsel will not seek payment of legal fees from BMS or the Settlement Fund. The remainder of the Settlement Fund will be distributed to the Final Payor Group in accordance with an Allocation Plan for which the Plaintiffs seek court approval. The Settlement Agreement is available on the website, www.HIVdrugsettlement.com, and contains more details.

WHO IS INCLUDED IN THE SETTLEMENT CLASSES?

There are seven Settlement Groups, five of which provide for damages and two of them provide for injunction only. The five categories of settlement damages are: (i) Atripla’s settlement damages category; (ii) the Group for damages under the Evotaz settlement; (iii) the group of damages under the Complera settlement; (iv) the Stribild Settlement Damages Class; and (v) the Truvada Settlement Damages Group. The two Settlement Injunction Groups are: (vi) the cART Foundation Settlement Injunction Groups; and (vii) the Prezcobix injunction of settlement class action.

Generally, you are included in one or more of the damages classes in the settlement for Atripla (brand or generic) or Evotaz if you are a consumer or a third party payer (“TPP”) and have purchased, paid for and / or provided a refund in or, with respect to TPPs, by your members, employees, insureds, participants, citizens, residents or beneficiaries, other than for resale, during the period May 14, 2015 through October 13, 2021.

The “damage states” are Alabama, Arizona, Arkansas, California, Connecticut, District of Colombia, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Maryland, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.

Typically, the settlement’s damages categories for Complera, Stribild and Truvada (brand or generic) have the same criteria as above, except that only TPPs – not consumers – are members of the damages categories. settlement interests Complera, Stribild and Truvada.

Typically, you are included in the injunctive relief class of the cART Foundation Rules if you are a consumer or a TPP who has purchased, paid for, and / or provided a refund anywhere in United States or its territories for part or all of the purchase price of one or more of the following drugs intended for consumption by you, your family or your members, employees, insureds, participants or beneficiaries, other than for resale , during the period May 14, 2015 through October 13, 2021. The drugs are: Atripla, Biktarvy, Complera, Descovy, Evotaz, Genvoya, Odefsey, Prezcobix, Stribild, Symtuza, Truvada and Viread.

Typically, the Prezcobix Settlement Injunction group has the same criteria as the cART Foundation Settlement Injunction group, but only includes the consumer and TPP buyers of Prezcobix.

Certain individuals and entities are excluded from all or part of the Categories defined above. Full descriptions of the Settlement Groups are set out in the Full Notice and the Settlement Agreement, which are available at www.HIVdrugsettlement.com or by contacting the Settlement Administrator.

HOW TO OBTAIN A PAYMENT?

If the Court approves the Settlement, consumer members of the Atripla Damages Group and the Evotaz Damages Group will be eligible to receive payments from the Settlement Fund based on the amount of their outstanding payments, quotas, or payments. coinsurance for these drugs. You will need to submit a claim form, which you can get from the website or by asking the settlement administrator (website information) to send you a claim form. After the hearing scheduled for April 28, 2022, check the Settlement website, www.HIVdrugsettlement.com, to see if the Court has approved the Settlement. If the Settlement is approved, the consumer members of the Atripla Damages Group and the Evotaz Damages Group will share a Settlement Fund of $ 2.5 million. The average amount paid for each valid claim for eligible consumers of Atripla or Evotaz will depend on the total number of valid claims submitted. For example, if 15,000 valid claims are submitted, the average valid claim, after taking into account the costs of administering the Settlement Fund, will be paid approximately $ 141.00. If twice this number of valid complaints are submitted (that is to say, 30,000), then the average valid claim would be paid approximately $ 70.50. The same principle applies if the number of valid complaints is less than 15,000; if, for example, only 7,500 valid claims are submitted, the average valid claim would be paid approximately $ 282.00.

Payments to eligible TPPs will be deferred until later in the litigation; you will receive additional notice as to when these payments will be made.

YOUR RIGHTS AND OPTIONS

Your options depend on whether you are a member of one of the Settlement Damages groups or a member of one of the Settlement Injunction and Recovery groups. If you are a member of any of the Settlement Damages Groups, you have the right to opt out (opt out) of the offered Settlement Damages Groups at the latest. March 15, 2022. You can also comment on or oppose the proposed Settlement as long as you have not opted out. If you are a member of one of the Settlement Injunction Groups, you cannot opt ​​out of the Class if the Court approves the Settlement, but you can comment on or object to the proposed Settlement. To comment on or object to any aspect of the Proposed Settlement, you must act by March 15, 2022. Details on how to request a exclusion, comment or subject can be found at www.HIVdrugsettlement.com.

The Court will hold a hearing at 1:30 p.m. to April 28, 2022, to determine whether the Settlement and all of its terms are just, reasonable and adequate.

FOR MORE INFORMATION AND A CLAIM FORM

Visit www.HIVdrugsettlement.com Call 1-877-999-2491

Cision

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SOURCE Hagens Berman Sobol Shapiro LLP, Hilliard & Shadowen LLP and Durie Tangri LLP

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