BASIC INFORMATION

1. What is the lawsuit about?(top)

Bextra was approved for marketing and sale in the United States on November 16, 2001, and was withdrawn from the market on April 7, 2005.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:

The Celebrex claims included substantial additional obstacles above the obstacles faced by Bextra claims. These obstacles included that Celebrex is still on the market and many TPPs continue to pay for it. These factors made the potential for recovery for Celebrex claims significantly less than the Bextra claims. The settlement class includes TPPs that paid for Bextra and/or Celebrex prescriptions. TPPs that reimbursed or paid for Bextra only or reimbursed or paid for both Bextra and Celebrex are included in the TPP Subclass if willing to accept a settlement award based on payments for Bextra in exchange for release of all claims for both Bextra and Celebrex.

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.

2. Why is this a class action? (top)

In a class action lawsuit, one or more people called "class representatives" sue on behalf of people who have similar claims. The people together are a "class" or "class members." A court must determine if a lawsuit should proceed as a class action. If it does, a trial then decides the lawsuit for everyone in the class.

Sometimes, the parties may settle without a trial. The Parties here have agreed to a Settlement that includes a national Class of consumers who paid towards the purchase of these drugs.

3. Why is there a settlement?(top)

A settlement is an agreement between a plaintiff and a defendant following extended negotiation. Settlements conclude litigation but this does not mean that the court has ruled in favor of the plaintiff or the defendant. A settlement allows both parties to avoid the cost and risk of a trial and permits both parties to establish a just, fair and final resolution that is best for all involved. The class representatives and their attorneys decide that a settlement is the best result for all class members and the court is asked to approve the settlement as fair, reasonable and adequate.

The Court approved the Settlement and Pfizer is no longer legally responsible for the claims made in this lawsuit. The lawyers representing the Class (“Class Counsel") and Pfizer have engaged in extensive, arms-length negotiations regarding the issues presented in this lawsuit and the possible terms of a settlement. The Parties want to settle the claims in this lawsuit and Class Counsel believes the Settlement is fair, reasonable and adequate and in the best interests of the Class.

4. Who is a Class Member? (top)

Generally speaking, you are a Class Member if you are a TPP that reimbursed for the prescription drugs Bextra and/or Celebrex on or before July 29, 2005.

A TPP is an entity that is:

There are a number of people who are not included in the Class. These people include:

5. How do I know if I am included in the settlement?(top)

You are a Class Member and will be included in the Settlement if you reimbursed for Bextra and/or Celebrex on or before July 29, 2005.

BENEFITS OF THE SETTLEMENT – WHAT YOU GET

6. What does the settlement provide?(top)

TPPs will share in 70% of the Settlement Amount after deduction for attorneys’ fees and expenses awarded by the Court.

7. How do I file a claim?(top)

You must fill out the Claim Form and submit it to the Claims Administrator, postmarked by October 23, 2009, and addressed to:

As part of your claim, you must provide the backup information and certifications requested on the Claim Form.

8. How much will I get?(top)

How much you receive from this Settlement depends on the volume and amount of claims submitted by other Class Members. You will receive your pro rata share of the total available for distribution to the TPP Subclass, but no more than the amount of your claim.

For example, if the amount you paid for Bextra (or for Celebrex if you only paid for Celebrex) was 5% of the total allowed claims, you would be entitled to a payment of 5% of the Settlement Amount allocated to TPPs. Assuming, for purposes of illustration only, that the Settlement Amount were $40 million, your payment would be $2 million. Of course, if you choose to opt out, you will not receive any payment.

REMAINING IN THE CLASS

9. What claims am I giving up?(top)

If the Settlement is approved, generally speaking you give up any right you may otherwise have to sue Pfizer related to any claims made or that could have been made in this lawsuit.

Specifically, you release any claim relating to the purchase, price, payment, reimbursement, use, prescription, marketing, manufacture, distribution, sale, promotion, research, design, development, supply and/or ingestion of Celebrex and/or Bextra during the Class Period that Class Members ever had, currently have, or may subsequently have in any capacity against Pfizer and/or Pfizer’s associated or affiliated companies.

This means that you cannot 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. This includes claims whether known or unknown, suspected or unsuspected, contingent or non-contingent. All claims will be released forever whether or not the facts were concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts.

10. What entities am I releasing?(top)

The Released Entities include: Pfizer Inc., its parent companies, subsidiaries, and affiliates, and their past, present and future officers, directors, trustees, employees, agents, attorneys, shareholders, predecessors, successors and assigns.

EXCLUSION FROM THE SETTLEMENT

11. Is it possible to exclude myself from the Settlement? (top)

**The deadline for Exclusion has passed therefore you may no longer exclude yourself**

Any Class Member who wishes to exclude/opt out itself from the Class must submit a written request to be so excluded to the Claims Administrator postmarked by June 30, 2009. You will then be excluded from the Settlement. If you request to be excluded, the Court asks that you complete the TPP Opt Out Information Request Form and return it to the Claims Administrator with your written request. If you request to be excluded but do not return the TPP Opt Out Information Request Form, you may be subject to court-ordered subpoena to obtain the requested information.

Please remember that you can not exclude yourself by phone, by sending an email, or by facsimile.

OBJECTING TO OR COMMENTING ON THE SETTLEMENT

12. Can I object to or comment on the settlement?(top)

Yes. If you have comments about, or disagree with, any aspect of the Settlement, you may express your views to the Court through a written response to the Settlement. The written response should include your name, address, telephone number and a brief explanation of your reasons for objection. The document must be signed to ensure the Court’s review.Your written comment or objection must be received by July 20, 2009 and mailed to:

You must also serve a copy of any objection or comment on or before July 20, 2009 upon:

In addition, your document must clearly state that it relates to the following Civil Action Number: No. M:05-cv-01699-CRB (N.D. Cal.). If you object to or comment on the Settlement, you will be subject to the jurisdiction of the Court.

13. What is the difference between objecting to the Settlement and excluding myself from the Settlement?(top)

An objection to the Settlement is made when you wish to remain a Class Member and be subject to the Settlement but disagree with some aspect of the Settlement. An objection allows your views to be heard in Court. In contrast, exclusion means that you are no longer a Class Member and ultimately do not want to be subject to the Settlement’s terms and conditions. Once excluded, you lose any right to object to the Settlement or to the attorneys’ fees because the case no longer affects you.

THE LAWYERS REPRESENTING YOU

14. Do I have a lawyer representing my interests in this case?(top)

Yes. The Court has appointed the following law firm to represent you and other Class Members:

15. How will the lawyers be compensated?(top)

The lawyers who were appointed by the Court to represent you in this lawsuit are called Class Counsel. You will not be charged personally for these lawyers, but they will ask the Court to award them a fee of up to 30% of the Settlement Amount. In addition, Class Counsel will request reimbursement of the expenses and costs associated with litigation of this case. The fee will be paid out of the $89 million Settlement Amount as will any reimbursement of litigation costs and expenses awarded by the Court. More information about Class Counsel and their experience is available at the website listed above.

16. Should I get my own lawyer?(top)

You don’t need to hire your own lawyer. However, if you want your own lawyer to speak for you or appear in Court, you must file a Notice of Appearance. (See Question 19.) If you hire a lawyer to appear for you in this case, that will be at your own expense.

THE COURT’S FINAL APPROVAL HEARING

17. When and where will the Court decide on whether to grant final approval of the settlement?(top)

The Court held a Final Approval Hearing on October 9, 2009 at 10:00 a.m. to consider whether the Settlement is fair, reasonable and adequate. At the Hearing, the Court decided to approve the Settlement and the request for attorneys’ fees and expenses. 

GETTING MORE INFORMATION

18. Where do I obtain more information?(top)

More details are in the Complaints filed by Class Counsel, the Answers filed by Defendants, and the other legal documents that have been filed with the Court in this lawsuit. These documents include the Settlement Agreement and Release, which sets forth in great detail the Settlement’s provisions. You can look at and copy these legal documents at any time during regular office hours at the Office of the Clerk of Court, United States District Court, Northern District of California, San Francisco Division, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102.

In addition, if you have any questions about the lawsuit or this Notice, you may: