Doryx Indirect Purchaser Antitrust Litigation

Welcome to the Doryx Indirect Purchaser Antitrust Litigation Website

IMPORTANT UPDATE: On January 28, 2015, the Court entered the Final Approval Order for this Settlement and on November 23, 2015, the Court entered an Order regarding Distribution. Award checks were mailed to eligible claimants beginning in January of 2016.

The purpose of this website is to alert you to the existence of a class action lawsuit (the “Action”) brought on behalf of certain purchasers, consumers, and third-party payors of Doryx® (delayed-release doxycycline hyclate) against Defendants Warner Chilcott (US) LLC, Warner Chilcott Public Limited Company, Warner Chilcott Company LLC, Warner Chilcott Holdings Company III, Ltd., and Warner Chilcott Laboratories Ireland Limited (collectively, “Warner Chilcott”), and Mayne Pharma Group Limited and Mayne Pharma International Pty. Ltd. (collectively, “Mayne”) (together, “Defendants”). The Action asserts that the Defendants violated antitrust and consumer protection laws relating to sale of the prescription drug Doryx®. Defendants have denied any wrongdoing.

This website is also to inform you that a Settlement with the Defendants has been reached and that the Court has certified, for purposes of Settlement, an Indirect Purchaser Class consisting of all persons and entities in the United States who reimbursed for, or indirectly purchased, other than for resale, branded Doryx® (“Indirect Purchaser Plaintiffs” or “Plaintiffs”) at any time during the period September 21, 2008 to May 30, 2014 (the “Class Period”). Excluded from the Indirect Purchaser Class are: (1) Defendants and their directors, officers, employees, subsidiaries or affiliates; (2) fully-insured health plans, i.e., plans that purchased insurance from another third party payor covering 100% of the Plan’s reimbursement obligations to its members; (3) all federal, state and municipal government entities, except for government funded employee benefit plans; (4) insured individuals covered by plans imposing a flat dollar co-pay that was the same dollar amount for generic as for brand drug purchases; and (5) insured or uninsured individuals who purchased branded Doryx® with a coupon and never purchased branded Doryx® without a coupon. Also excluded are purchases made through Prisons, Federal Facilities, Clinics (as defined by IMS), and/or Medicaid programs.

The Settlement provides for a cash payment of $8 million (the “Settlement Fund”) and resolves all Indirect Purchaser claims against the Defendants.

On January 28, 2015, the Court entered the Final Approval Order for this Settlement.

A Summary of Your Rights and Choices:

Your legal rights are affected whether you act or don’t act. Please read this website carefully. Your rights and options – and the deadlines to exercise them – are explained in this website.

DO NOTHING You are automatically part of the Action if you fit the Class description. However, if you do not file a timely claim, you will not receive any payment from the Settlement. You will be bound by past and any future court rulings, including rulings on the Settlement.
Postmarked by March 30, 2015
Submit a Claim Form
This is the only way you will receive any payment from the Settlement.
Postmarked by December 8, 2014
Get out of the Class and Settlement
The deadline to opt out of the Settlement was December 8, 2014.
Object to the Settlement
Postmarked by November 5, 2014
Object or comment on the Settlement
The deadline to object to or comment on the Settlement was November 5, 2014.

For a list of branded Doryx® NDC codes that are eligible in this Settlement, please click here.