Bextra and Celebrex Settlement

Bextra and Celebrex Settlement
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If You Paid Some or All of the Purchase Price
for Bextra and/or Celebrex,
On or Before July 29, 2005,
You May Be Able To Get Money Back

Update: The settlement was approved on October 9, 2009.

**Update: The deadline to file a claim for the Consumers
has been moved to postmarked by December 18, 2009**

What is the lawsuit about?

Bextra was approved for marketing and sale in the United States on November 16, 2001, and was withdrawn from the market on April 7, 2005. Celebrex was approved for marketing and sale on December 31, 1998 and remains on the market. On July 29, 2005, the Celebrex label was amended to add a black box warning that the federal Food & Drug Administration ("FDA") determined should be added to the labels for all NSAIDs regarding gastrointestinal and cardiovascular risks.

The lawsuit claims:

	a)	That Pfizer falsely marketed Bextra and Celebrex as having benefits greater than “non-selective” Non-Steroidal Anti-Inflammatory Drugs (NSAIDs) like ibuprofen or naproxen, when no such benefits had been established;
	b)	That the marketing of Bextra and Celebrex was inconsistent with their FDA approved labels; and
	c)	That this allegedly false marketing caused plaintiffs to pay a greater price for Bextra and/or Celebrex instead of less expensive alternative NSAIDs or no medication at all.

Pfizer denies any wrongdoing. It asserts that its marketing practices were truthful and not misleading, and conformed to the FDA-approved label that described benefits of Bextra and Celebrex not offered by other, and less expensive, pain medications. Pfizer is settling this lawsuit to avoid the costs and distraction of continued litigation.

How do I know if I am included in the settlement?

Generally speaking, you are a member of the Class if, on or before July 29, 2005, you paid (or are obligated to pay) for Bextra and/or Celebrex.

The Consumer Class contains two Subclasses:

	(1)	All consumers who paid for prescriptions of Bextra or both Bextra and Celebrex (“Bextra Subclass”).
	(2)	All consumers who paid for prescriptions of Celebrex, but not Bextra, prior to July 29, 2005 (“Celebrex Subclass”).

What does the Settlement provide?

Pfizer will pay $89 million to settle the lawsuit. All costs associated with notice and administration, attorneys’ fees and litigation costs, and compensation to the named class representatives for time spent providing documents and testimony in connection with this case will be paid from the Settlement Amount. All aspects of this Settlement, including payment of these fees and costs, are subject to approval by the Court.

Under the Agreement, 70% of the net Settlement Amount will be designated to satisfy the claims of TPPs. This division was negotiated between attorneys representing TPPs and attorneys representing consumers. The remaining 30% of the net Settlement Amount will be designated for the purpose of paying consumer claims.

More information on the Settlement payment breakdown is available in the detailed Notice.

Your Legal Rights and Options in this Settlement:

You May:		Due Date:
DO NOTHING	If you do nothing, you will not receive a payment from the Settlement. You will give up your right to sue Pfizer for money damages or other relief of any nature whatsoever arising out of any conduct, events or transactions concerning Bextra or Celebrex that have been alleged or that could have been alleged in any litigation.	N/A
File A CLAIM FORM	Submit a *Claim Form*: This is the only way for you to receive a payment from the Settlement.	Postmarked By December 18, 2009 Or File Online By December 18, 2009
EXCLUDE YOURSELF	Get out of the Class: You may write and ask to get out of the Class and keep your right to sue Pfizer on your own about the claims in the lawsuit. For more information on how to Exclude yourself click here. *PLEASE NOTE: Exclusions may no longer be filed because the deadline has passed.	Postmarked By June 30, 2009
OBJECT TO OR COMMENT ON THE PROPOSED SETTLEMENT	If you do not exclude yourself, you may appear and speak at the Final Appoval Hearing on your own or through your own lawyer to object or comment on the Settlement. For more information click here. *PLEASE NOTE: Objections may no longer be filed because the deadline has passed.	Received By July 20, 2009