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 If You Purchased, Paid for, Administered and/or Reimbursed for
Flonase or Generic Flonase 
A Class Action Settlement Could Affect You

A 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 has agreed to the Settlement to resolve the controversy and to avoid the cost and expense of further litigation.  GSK has agreed to settle the claims in the lawsuit for a total of $35 million.  The lawsuit does not claim that Flonase or its generic equivalents are unsafe or ineffective.

You are included if you or your company purchased, paid for, administered, and/or reimbursed others for Flonase or its generic equivalent at any time from May 19, 2004 through March 31, 2009.  Purchases made directly from the Defendant are not included under the Settlement.  The Settlement includes consumers, as well as third-party payers such as insurers and employee welfare benefit plans.

 

 YOUR LEGAL RIGHTS AN OPTIONS IN THIS SETTLEMENT

DUE DATE

File a claim 

The only way to get a payment from the Settlement.

Passed.

Exclude Yourself

Requests for Exclusion needed to be received by May 3, 2013.  You may no longer exclude from the Settlement

Passed.

Object to the Settlement

Objections needed to be received by the Court no later than May 3, 2013.  You may no longer object to the Settlement.

Passed.

Go to the Hearing

Settlement was approved
on June 19, 2013.

Do Nothing

By doing nothing, you remain in the Class and you give up any rights to sue GSK on your own about the same legal claims in these lawsuits.  However, if you do not file a claim, you will not receive any payment from the Settlement.

 

 N/A

 






Consumer Class
You are a Consumer Class Member if you purchased and/or paid for, in whole or in part, Flonase or generic Flonase for personal, family or household consumption, anywhere in the United States and its territories, from May 19, 2004 through March 31, 2009. 

You "PURCHASED and/or PAID FOR" Flonase or generic Flonase if you were:

  • An uninsured consumer who paid the entire cost of the prescription,
  • 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 or had exceeded a benefit cap under your health plan or the cost was not otherwise covered under your health plan.

Third-Party Payors
Entities known as “Third-Party Payors” (“TPPs”) are also included in the Class.  TPPs are all health insurance companies, healthcare benefit providers, health maintenance organizations, self-funded health and welfare plans, and any other health benefit provider and/or entity that contracts with a health insurer acting as a third party administrator to administer their prescription drug benefits.  These payors include such entities that may provide prescription drug benefits for current or former public employees and/or retirees, but only to the extent that such entity was at risk for the cost of the payment(s).  You are a member of the Class if you fit the definition below:

You are a TPP Class Member if you purchased, paid for, administered and/or reimbursed for Flonase or generic Flonase for consumption by your members, employees, plan participants, beneficiaries or insured in the United States and its territories from May 19, 2004 through March 31, 2009.


Disclaimer

This website is supervised by counsel and the Court and is controlled by Rust Consulting, the Settlement Administration firm that handles all aspects of notice and claim processing. This is the only authorized website for this litigation. Please do not rely on other sites that set out different and unauthorized information. If you have any questions, please contact the Settlement Administrator.

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