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Pharmaceutical
Nichols v. SmithKline Beecham Corp., No. 00-6222 (E.D. Pa.) - Notified class members of a nationwide class action settlement involving the price of Paxil®. Before making our notice recommendations, we studied 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 payers. The notice plan utilized various quantitative and qualitative notification methods, such as targeted consumer publications (including a claim form printed directly in the notice), public service announcements, a neutral informational press release and a case website. Judicial Comments
In re Serzone Products, MDL No. 1477 (S.D. W. Va.) - When a $70 million settlement paying claims for personal injuries was reached, we were asked to develop and implement a massive national class action notice program that not only encompassed the 50 states, but U.S. territories and possessions as well. The notice program informed those consumers and their family members about the Serzone® settlement through publication notice, an informational press release, and a case website. These efforts, as documented in a comprehensive final report that was submitted to and approved by the Court, were successful. Judicial Comments
In re Lupron Marketing & Sales Practices, MDL No. 1430 (D. Mass.) - Designed and implemented a notice program involving the $150 million settlement over the price litigation involving Lupron. We studied the unique group of class members and focused our program on how to adequately inform each segment of the class. We were called upon to address and provide testimony on communication issues that arose when counsel for interveners issued notices to Class members during the settlement notice program. The litigation over whether readers were confused by the different communications and how to rectify those concerns resulted in the Court adopting our procedures to order corrective or “curative” notice to those Class members affected. Judicial Comments
