Lupron UPDATE
02/22/05

Lupron is manufactured, marketed, and sold by Abbott Laboratories, Takeda Chemical Industries, and TAP Pharmaceuticals (a wholly owned joint venture of Abbott and Takeda). Lupron has been marketed as a treatment for prostate cancer since the 1980s. Lupron is administered to patients in liquid form by intramuscular injection.

Suit was brought under the Racketeer Influenced and Corrupt Organizations Act (RICO) and was filed in federal court. The suit alleged that during the period from 1993 through the present, Defendants created and implemented a fraudulent marketing and sales scheme to substantially increase the sale of Lupron and reap unlawful profits at the expense of Medicare patients.

On November 15, 2004 after more than three years of hard fought litigation and months of negotiation with Defendants, the parties entered into a proposed settlement agreement and jointly moved that the Court certify a class of purchasers of Lupron for purposes of settlement. Defendants agreed to pay a total of $150 million dollars to settle this litigation. After a payment of $55 million to private health insurers who had brought suit separately against the defendants, the remaining $95 million will be made available for distribution to the class - $40 million has been allocated to satisfy consumer claims and $55 million to satisfy the claims of third-party payors. On November 24, 2004, the Court granted preliminary approval of the settlement.

The class includes all persons or entities that purchased any formulation of the drug Lupron from January 1, 1985 until at least March 31, 2005. Class members will be notified of their eligibility and will be given the option to file a settlement claim or exclude themselves from the suit by the end of the class period, March 31, 2005. Class members can also find additional information on the Lupron settlement at www.lupronclaims.com.

If you would like more information on this case or how to participate in the litigation to recover prescription drugs costs, contact Jason J. Thompson.