**Update: The deadline to file a claim for the Third-Party Payors
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2001, and was withdrawn from the market on April 7, 2005.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:
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a)
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That Pfizer falsely marketed Bextra and Celebrex as having benefits greater than
“non-selective” Non-Steroidal Anti-Inflammatory Drugs (NSAIDs) like ibuprofen or
naproxen;
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b)
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That the marketing of Bextra and Celebrex was inconsistent with their FDA-approved
labels; and
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c)
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That this allegedly false marketing cause plaintiffs to pay a greater price for
Bextra and/or Celebrex instead of less expensive alternative NSAIDs or no medication
at all.
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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.
How do I know if I am included in the settlement?
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.
What does the Settlement provide?
TPPs will share in 70% of the Settlement Amount after deduction for attorneys’ fees
and expenses awarded by the Court.
More information on the Settlement payment breakdown is available in the detailed
Notice.
Your Legal Rights and Options in this Settlement:
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You May:
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Due Date:
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DO NOTHING
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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.
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N/A
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File A CLAIM FORM
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Submit a Claim Form:
This is the only way for you to receive a payment from the Settlement.
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Postmarked By December 18, 2009
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EXCLUDE YOURSELF
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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
click here.
*PLEASE NOTE: Exclusions may no longer be
filed because the deadline has passed.
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Postmarked By June 30, 2009
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OBJECT TO OR COMMENT ON THE PROPOSED SETTLEMENT
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*PLEASE NOTE: Objections may no longer be
filed because the deadline has passed.
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Received By July 20, 2009
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