Hoorman v. GlaxoSmithKline
No. 04-L-715 (Ill. Cir. Ct. Madison County)
A $63.8 million fund was established to refund consumers the total amount they paid for the depression and anxiety disorder drugs Paxil® and Paxil CR™, when those drugs were prescribed to children under 18. Plaintiffs alleged that GlaxoSmithKline promoted these drugs for prescription to children under 18 while withholding and concealing negative information concerning the medication’s safety and effectiveness. Kinsella Media’s notice program included advertisements in high-circulating mainstream and parenting magazines, including Better Homes and Gardens, Parents and Child. The notice program also included advertisements in trade publications targeting pediatricians and pediatric psychiatrists. Print and audio news releases expanded the coverage beyond paid advertising.
In re Pharmaceutical Industry Average Wholesale Price Litigation
No. CA:01-CV-12257, MDL No. 1456 (D. Mass.)
Kinsella Media has undertaken multiple certification and settlement notices in this ongoing litigation that alleges that Medicare-Part B Beneficiaries, consumers paying percentage co-payments and third-party payors such as insurance companies overpaid for hundreds of drugs because the average wholesale price of drugs upon which drug and reimbursement costs are based was deliberately inflated. Cases have employed publication, television, Internet and direct notice to reach class members. The AWP Track II Settlement included the use of specially designed large font notices mailed to Medicare-Part-B Beneficiaries, identified through the Centers for Medicare and Medicaid Services, that permitted a simple verification that the Beneficiary made percentage co-payments in order for them to receive a check.
New England Carpenters Health Benefits Fund v. First DataBank, Inc.
No. 1:05-CV-11148 (D. Mass.)
Kinsella Media designed and implemented multiple notice programs directed to MedicarePart B Beneficiaries, consumers paying percentage co-payments and third-party payors in this companion litigation to In re Pharmaceutical Industry Average Wholesale Price Litigation. Extensive national print and Internet advertising included key consumer print publication notices using color to attract the attention of class members.
In re State of Ohio v. Bristol-Myers Squibb, Co.
No. 1:02-CV-01080 (D.D.C.)
Kinsella Media implemented a comprehensive notice program to reach cancer patients who were prescribed Taxol, primarily for breast cancer and ovarian cancer. The program was also directed to families of deceased individuals who were treated with Taxol. The $50 million settlement was designed to compensate consumers who may have been overcharged because Bristol-Myers Squibb, Co. allegedly interfered with the release of a cheaper, generic form of Taxol. The notice program included advertisements in high-circulation consumer magazines including Better Homes & Gardens, People and Reader’s Digest. Outreach to dozens of non-profit cancer organizations and websites resulted in additional notice through websites that Class Members would regularly consult for resource information. Print, audio and visual news releases expanded the coverage beyond paid advertising.
In re Buspirone Antitrust Litigation
MDL No. 1413 (S.D.N.Y.)
In the BuSpar Antitrust Litigation, $93 million was allocated for distribution to individuals who took BuSpar to treat generalized anxiety disorder. Plaintiffs alleged that consumers overpaid for the drug because Bristol-Myers Squibb, Co. delayed market entry of a generic form of BuSpar. Kinsella Media implemented a notice program consisting of television advertisements aired on many popular broadcast and cable networks, including NBC, CBS, Home & Garden Television and the Lifetime Network, among others. Print advertisements also appeared in high-circulation consumer magazines including National Geographic, People and TV Guide. Print, audio and visual news releases expanded the coverage beyond paid advertising.
In re Cardizem CD Antitrust Litigation
200 F.R.D. 326 (E.D. Mich.)
Kinsella Media developed a notice program to reach individuals who were treated for hypertension or high blood pressure with Cardizem CD. A $29 million settlement with Hoechst Marion Roussel, the pharmaceutical company that produces and markets the drug, was negotiated to compensate the drug consumers. Plaintiffs alleged that consumers were forced to pay higher prices for the brand-name drug because Hoechst Marion Roussel delayed the production of a generic alternative. The notice program included advertisements in eight high-circulation consumer magazines, including Good Housekeeping, People, and TV Guide. Kinsella Media also placed advertisements in Parade, USA Weekend, and Puerto Rican newspapers. Print, audio and visual news releases expanded the coverage beyond paid advertising.
Connecticut v. Mylan Laboratories, Inc.
No. 1:98-CV-3115, MDL No. 1290 (D.D.C.)
As a result of an innovative notice program, over 200,000 consumers received $42 million in reimbursements for the amounts they were overcharged for the prescription drugs Lorazepam and Clorazepate. In addition to television and print notice directed primarily to older women, twelve major pharmacy chains and three smaller chains agreed to mail notice to all customers who purchased the drugs. The notice included an easy-to-complete release and waiver form that allowed the claims administrator to obtain the necessary records to process claims directly from the pharmacies. Point-of-purchase materials were sent to over 53,000 individual pharmacies.
Ferrel v. Wyeth-Ayerst Laboratories, Ltd.
No. C-1-01-447 (S.D. Ohio)
United States v. Serono Laboratories, Inc.
No. 05-CR-10282 (D. Mass.)