In re Lupron^® Marketing and Sales Practices Litigation

Judge Richard G. Stearns, In re Lupron^® Marketing and Sales Practices Litigation, No. 01-CV-01861-RGS, MDL 1430, (November 24, 2004) (D. Mass.):  

“I actually find the [notice] plan as proposed to be comprehensive and extremely sophisticated and very likely be as comprehensive as any plan of its kind could be in reaching those most directly affected.”  

“After review of the proposed Notice Plan designed by Hilsoft Notifications…is hereby found to be the best practicable notice under the circumstances and, when completed, shall constitute due and sufficient notice of the Settlement and the Fairness Hearing to all persons and entities affected by and/or entitled to participate in the Settlement, in full compliance with the notice requirements of Rule 23 the Federal Rules of Civil Procedure and due process.”  

Relating to the Multi-District Litigation known as In re Lupron^® Marketing and Sales Practices Litigation, Hilsoft Notifications was retained by the defendants first to study notice issues in several statewide class actions.  Having scrutinized an opposing expert’s faulty Notice Plan and Notice content and design, resulting in an agreement to enhance notice to address Hilsoft Notifications' recommendations, the attention turned to the MDL when a proposed $150 million settlement was announced.  Hilsoft began by studying the unique group of class members, which consisted not only of individual consumers, but insurers, employee welfare benefit plans, and other entities as well.  

Hilsoft Notifications’ studies focused on how to adequately inform each segment of the class—which included numerous diverse target audience segments.  Hilsoft prepared an extensive notice plan that detailed the reach percentages for each segment of the Class, as well as the Class as a whole.  

Hilsoft also provided the Court with party-neutral forms of notice that were written and designed to motivate Class members to notice, read, and understand the message.  The Notices, among other things, took steps to capture Class members’ attention, provide simple content in plain language to ensure comprehension, and provide prominent response mechanisms, and a simple claim form, directly included in all published notices.  The Notice Plan reached important support groups that in turn could inform class members, as well as an extensive public service announcement campaign that resulted in thousands of broadcasts worth over $1.5 million in free air time.  

Notably, Hilsoft Notifications designed a case website that provided interactive feedback to Lupron^® Class members without the added expense of a live operator or high claims administration costs.  This website allowed Class members to pose a question and automatically receive a court-approved answer.  This unique website can be viewed at www.lupronclaims.com.