A federal court authorized this Notice because you have a right to know about the proposed settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval to the settlement. This Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, and who can get them.
Judge Joan A. Lenard of the United States District Court for the Southern District of Florida is overseeing this class action. The case is known as Barba v. Shire U.S., Inc., Case No. 1:13-cv-21158. The people that filed this lawsuit are called the “Plaintiffs” and the companies they sued, Shire U.S., Inc. and Shire LLC are called the “Defendants" or "Shire".
This Settlement will also resolve three similar lawsuits currently pending on other courts. Those lawsuits are: (1) Allyson Netwall v. Shire U.S. Inc. and Shire, LLC, E.D. Pa., Case No. 13-cv-1669 (“Netwall Action”); (2) Samantha Peluso v. Shire U.S. Inc. and Shire, LLC, D. N.J., Case No.15-cv-72259 (“Peluso Action”); and (3) Jessica Hartenstine, Jayme Dearing, and Rosemary Autrey v. Shire U.S. Inc. and Shire, LLC, D. Mass., Case No. 15-cv-14181 (“Hartenstine Action”).Top
The lawsuit is about the price and availability of brand Adderall XR®. Plaintiffs claim that Shire delayed and lessened the availability of less expensive generic versions of Adderall XR® by: (1) filing false patent litigations; (2) filing a false Citizen Petition to delay the Food and Drug Administration’s approval of generic versions; (3) entering into financial agreements with generic drug manufacturers; (4) creating a shortage of generic versions by supplying less than agreed to; and (5) paying higher rebates to managed care organizations that agreed to the preferred placement of brand Adderall XR® instead of generic versions.
The Defendants deny all of the claims and allegations made in the lawsuit. Shire agreed to this settlement to avoid the cost and risk of a trial.Top
In a class action, one or more people or entities called Class Representatives or Plaintiffs (in this case Monica Barba, Jonathan Reisman, Karen DeReus, Rayna DeReus, Jodi Leit, Mindi Leit, and Barrie Shanahan and Brian Shanahan on behalf of their minor child) sue on behalf of other people or entities with similar claims. The people and entities included in the class action are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.Top
The Court did not decide in favor of the Plaintiffs or Defendants. Instead, the Plaintiffs and Defendants agreed to a settlement. This way, they avoid the cost and burden of a trial and the people affected can get benefits. The Class Representatives and their attorneys think the settlement is best for all Settlement Class Members.Top
The settlement includes all persons who purchased and paid for some or all of the purchase price of Adderall XR® (brand name only, for personal or household use) from January 1, 2007 to April 11, 2016 in the District of Columbia, Alabama, Arizona, California, Delaware, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, or Wisconsin (the “Territory”).
If your insurance plan requires you to pay a flat co-payment (the same fixed dollar amount whether you purchased brand Adderall XR® or generic equivalent) you are not included in the Settlement Class.Top
Yes. The settlement does not include: (1) third party payors; (2) persons and entities who purchased Adderall XR® directly from Shire; (3) persons and entities who purchased Adderall XR® only for resale purposes; (4) “Flat co-pay” or “Cadillac Plan” customers who only made fixed dollar-amount co-payments that did not vary between Adderall XR® and its generic equivalents; (5) patients with insurance coverage that provided for a flat-rate co-pay provision; (6) governmental entities; (7) Shire, its officers, directors, affiliates, legal representatives, employees, predecessors, successors, subsidiaries, affiliates and assigns, and entities in which Shire has a controlling interest; and (8) the judges, justices, magistrates or judicial officers presiding over this matter.Top
If you are not sure whether you are included, call 1-877-369-4085 or write to one of the lawyers listed in Question 15 below.Top
A $14,750,000 Settlement Fund has been established by Shire in this settlement. After deducting Court-approved attorneys’ fees, costs and expenses, service awards for the Class Representatives and related Plaintiffs, taxes, and the costs of settlement notice and administration (the “Net Settlement Fund”), the balance will be distributed to Settlement Class Members who submit a valid Claim Form. 74% of the Net Settlement Fund will be made available to Settlement Class Members who purchased Adderall XR® from January 1, 2007 through March 31, 2009 (the “pre-generic period”) and 26% will be made available to Settlement Class Members who purchased Adderall XR® from April 1, 2009 through April 11,2016 (the “post generic period”).
Any money remaining in the Net Settlement Fund after making payments to Settlement Class Members will be distributed to Children and Adults with Attention Deficit Disorders (C.H.A.D.D). C.H.A.D.D is a national non-profit organization that works to improve the lives of affected people through education, advocacy, and support.Top
You can receive up to $16 for each eligible branded Adderall XR® prescription purchased. Your share of the Net Settlement Fund will depend on: (1) when you purchased Adderall XR® (pre-generic period or post generic period); (2) the amount you purchased; (3) the amount of money you paid for those purchases; and (3) the total amount of purchases made by other Settlement Class Members. All Settlement Class Members will receive their share of the Net Settlement Fund in proportion to their eligible purchases during the pre-generic period and post generic period.Top
You must complete and submit a claim form by October 7, 2016. Claim forms may be submitted online by clicking here or downloaded for printing and submission via U.S. Mail by clicking here. Claim forms are also available by calling 1-877-369-4085 or by writing to Barba v. Shire U.S., Inc. Settlement Administrator, PO Box 40007, College Station, TX 77842-4007.Top
The Court will hold a hearing at 2:30 p.m. on November 9, 2016 to decide whether to grant final approval to the settlement. If the Court approves the settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. The Net Settlement Fund will be distributed to Settlement Class Members as soon as possible, if and when the Court grants final approval to the settlement and after all appeals, if any, or resolved.Top
If your name or address needs to be corrected, you must send a letter to the Settlement Administrator at Barba v. Shire U.S., Inc. Settlement Administrator, PO Box 40007, College Station, TX 77842-4007.Top
Unless you exclude yourself, you are staying in the Settlement Class. If the settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Shire about the legal issues in this case, but you will be able to submit a claim form to receive a payment from this settlement. The rights you are giving up are called Released Claims.Top
Generally, if and when the Settlement Agreement becomes final, Shire—and its parents, subsidiaries, and affiliates, whether direct or indirect, the predecessors and successors of each of them, and their respective divisions, affiliates, joint ventures, stockholders, officers, directors, supervisory or advisory boards, insurers, general or limited liability partners, employees, agents, trustees, associates, attorneys or legal representatives (“the Released Parties”) shall be unconditionally, fully, and finally released and forever discharged from all manner of claims, debts, obligations, demands, actions, suits, causes of action, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties and attorneys’ fees, known or unknown, suspected or unsuspected, accrued in whole or in part, in law or equity, that the Settlement Class Member (including any of their past, present, and future officers, directors, insurers, general or limited liability partners, divisions, stockholders, agents, attorneys, employees, legal representatives, trustees, parents, associates, affiliates, joint ventures, subsidiaries, heirs, executors, administrators, predecessors, successors and assigns, acting in their capacity as such) (“the Releasors”), whether or not they object to the Settlement and whether or not they make a claim or participate in the Settlement Fund ever had, now has, or hereafter can, shall or may have, directly, representatively, derivatively or in any other capacity, arising out of or under the federal antitrust laws or under the antitrust, trade regulation, or consumer protection laws, and common law, of any of the following jurisdictions: the District of Columbia and the states of Alabama, Arizona, California, Delaware, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin, and relating in any way to any conduct alleged or asserted in any complaints filed by Plaintiffs in this class action or any other complaint filed by Plaintiffs, including any alleged delay in the manufacture, marketing or sale of any generic, or authorized generic version of Adderall XR®, or any alleged overcharges in copays for Adderall XR® or any generic versions, before the date the Settlement Agreement becomes final (the “Releases Claims”).
The specific claims you will be releasing are described in paragraph 1.8 of the Settlement Agreement, available here.Top
Yes. Judge Lenard appointed the law firms of Kanner & Whiteley, LLC, Golomb & Honik, P.C., Misltein Adelman Jackson Fairchild & Wade, LLP, and Ku & Mussman, PA to represent you and other Settlement Class Members as “Class Counsel.” These law firms and their lawyers are experienced in handling similar cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.Top
Class Counsel will ask the Court for attorneys’ fees of up to 35% of the Settlement Fund (or $5,162,500) and reimbursement of their costs. The Court may award less than these amounts. All of these amounts, as well as a total of $35,000 as service awards to the Class Representatives the Plaintiffs in the Netwall, Peluso, and Hartenstine Actions, the costs associated with administering the settlement (up to $500,000), will be paid from the Settlement Fund before making payments to Settlement Class Members who submit valid claim forms.Top
To exclude yourself from the settlement, you may complete the exclusion form found here or mail a written request for exclusion to the Settlement Administrator. Your request for exclusion must include: (1) your name and address, and the name and address of the patient for whom the Adderall XR® was purchased, if different; (2) the name of this case, Barba v. Shire U.S., Inc., Case No. 1:13-cv-21158; (3) a statement that you are a Settlement Class Member and you wish to be excluded from the Settlement Class; and (4) your signature. Your request for exclusion must be emailed by October 7, 2016 or mailed to the Settlement Administrator at the address below and postmarked no later than October 7, 2016:
Barba v. Shire U.S., Inc. Settlement Administrator
P.O. Box 40007
College Station, TX 77842-4007
No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement Class in this settlement. You can only get a payment if you stay in the Settlement Class and submit a claim form.Top
No. Unless you exclude yourself, you are giving up the right to sue Shire for the claims that this settlement resolves. You must exclude yourself from this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Shire.Top
If you are a Settlement Class Member, you can object to the settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send your objection in writing via First Class U.S. mail saying that you object to the settlement of Barba v. Shire U.S., Inc., Case No. 1:13-cv-21158. Your objection must also include: (1) your full name; (2) your mailing address; (3) all gounds for the objection, accompanied by any legal support known to the objecting settlement class member and his or her counsel; (4) the name, address and telephone number of the attorney representing you in your objection (if applicable), as well as any current or former attorney that may receive compensation relating to your objection; (5) a statement indicating whether you or the attorney representing you intend to appear or testify at the Court’s fairness hearing; (6) your signature. Mail your objection to all three addresses below postmarked on or before October 7, 2016.
Clerk of the Court
Clerk of the Court
Wilkie D. Ferguson, Jr.
400 North Miami Avenue
Miami, FL 33128
Conlee S. Whiteley, Esq.
KANNER & WHITELEY, LLC
701 Camp Street
New Orleans, LA 70130
Porter F. Fleming, Esq.
Michael F. Brockmeyer, Esq.
David A. Zwally, Esq.
Edgar H. Haug, Esq.
FROMMER LAWRENCE & HAUG LLP
745 Fifth Avenue
New York, NY 10151
If you are objecting to the Settlement you or your attorney may speak at the Fairness Hearing about your objection but you are not required to do so.Top
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class (do not exclude yourself). Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you cannot object because the settlement no longer affects you.Top
The Court will hold a Fairness Hearing at 2:30 p.m. on November 9, 2016 in Courtroom 12-1 at the United States District Court for the Southern District of Florida, Wilkie D. Ferguson, Jr. U.S. Courthouse, 400 North Miami Avenue, Miami, Florida 33128. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. It will also consider whether to approve Class Counsel’s request for an award of attorneys’ fees, expenses and costs, as well as a payment of $5,000 as a service award for each of the Class Representatives. If there are objections, the Court will consider them. Judge Lenard may listen to people who have objected and advised the Court in writing that they intend to appear (see Question 21 above). After the hearing, the Court will decide whether to approve the settlement.Top
No. Class Counsel will answer any questions Judge Lenard may have. However, you are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary.Top
Yes. You may ask the Court for permission to speak at the Fairness Hearing, see Question 21 above.Top
If you are a Settlement Class Member and you do nothing, you will give up the rights explained in Question 14, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Shire about the legal issues in this case. In addition, you will not receive a payment from the Net Settlement Fund.Top
Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are located under Case Documents. Additional information is also available by sending an email to email@example.com, calling 1-877-369-4085 or by writing to Barba v. Shire U.S., Inc. Settlement Administrator, PO Box 40007. College Station, TX 77842-4007. Publicly-filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Southern District of Florida or reviewing the Court’s online docket.Top