Nichols v. SmithKline Beecham

Dedicated to the memory of Michael G. Nast, Esq., (1967-2004)  

Judge John R. Padova, Nichols v. SmithKline Beecham Corp., (Apr. 22, 2005) No. 00-CV-6222 (E.D. Pa.):  

"Such notice to members of the Class is hereby determined to be fully in compliance with requirements of Fed. R. Civ. P. 23(e) and due process and is found to be the best notice practicable under the circumstances and to constitute due and sufficient notice to all entities entitled thereto.”  

“Pursuant to the Order dated October 18, 2004, End-Payor Plaintiffs employed Hilsoft Notifications to design and oversee Notice to the End-Payor Class.  Hilsoft Notifications has extensive experience in class action notice situations relating to prescription drugs and cases in which unknown class members need to receive notice.”  

“After reviewing the individual mailed Notice, the publication Notices, the PSAs and the informational release, the Court concludes that the substance of the Notice provided to members of the End-Payor Class in this case was adequate to satisfy the concerns of due process and the Federal Rules.”  

In Nichols v. SmithKlineBeecham, Hilsoft Notifications was retained to notify class members of all of their rights and options under a proposed national class action settlement involving the price of the medication Paxil^® or a generic paroxetine.  Attorney Michael G. Nast (1967-2004) oversaw the notice program for Plaintiffs Lead Counsel and he is credited with seeking and supporting creative approaches to the notice program that resulted in an enormous due process success story.  

Before a notice program could be recommended, Hilsoft first had to study the drug itself, including what it was used for, the demographics of those it was most frequently prescribed to, and the two sub-classes certified in the case; consumers (mostly women) and third party payors (“TTP”).  Upon completion of the case analysis, Hilsoft Notifications experts recommended, and the Court approved, an in-depth notice plan detailing the expected measures of success.  

The notice plan that Hilsoft designed and subsequently implemented utilized various quantitative and qualitative notification methods such as using publications proven to reach class members.  The National Enquirer is an example of the creative media selected to target lower income demographic segments. Public service announcements were also used.  Hilsoft Notifications experts studied quantitative data in determining conservative reach percentages. Additional qualitative methods proved to be an inexpensive way to enhance the frequency of exposure to the notice.  The extensive coverage of the notice plan allowed class members several opportunities to learn about the case, their rights, and options; which included their ability to file a claim.  In a creative twist, possibly due to an extremely simple claims process, the short form notice included a claim form directly published in the noticeable notices created by Hilsoft Notifications.  Thousands of free notice appearances were achieved by way of Hilsoft Notifications radio PSA methodology.  

Upon implementation of the court-approved notice program, Hilsoft Notifications prepared a detailed final analysis for submission to the Court during final approval.  The detailed analysis illustrated that the objectives of the notice program undertaken were met and provided mathematical calculations supporting the effectiveness and extensive reach of the notice campaign.  The Court cited the testimony given by Hilsoft Notifications and approved the settlement on April 22, 2005.

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