If you bought Vytorin® and/or Zetia® to lower your cholesterol between November 1, 2002, and September 17, 2009, you may be entitled to some money. A lawsuit against Merck & Co., Inc., Schering-Plough Corporation, Merck/Schering-Plough Pharmaceuticals, and other defendants has reached a proposed settlement in the United States District Court for the District of New Jersey. The lawsuit, according to vytorinzetiasettlement.com (the authorized website for the settlement), claims that Vytorin and Zetia “were marketed as being more effective than other anti-cholesterol drugs and were sold at higher prices, when they were no more effective than less expensive anti-cholesterol drugs”. The defendants, according to the website, “deny any wrongdoing and are settling this lawsuit to avoid the costs and expenses of further litigation.”
You can participate in the proposed settlement if you paid some or all of the purchase price for Vytorin or Zetia from November 1, 2002, through September 17, 2009. Consumers will share $12,450,000 of the settlement amount left after the attorneys have taken their cut. The remaining amount will be paid to consumers based on the amount they paid for the drugs and in proportion to what was paid by all consumers who submit eligible claims. More information
Your options in the settlement:
1. Do nothing. If you don’t file a claim by April 1, 2010, you will not receive any payment.
2. File a claim by submitting a claim form. You must submit a valid claim form postmarked by April 1, 2010.
3. Exclude yourself and keep your right to sue on your own. More info.
4. Object to or comment on the Settlement. More info
If you are a Third-Party Payor who reimbursed or paid for Vytorin and Zetia from November 1, 2002, through September 17, 2009, you can find more information here.
The Court will hold a Fairness Hearing on February 8, 2010, to consider if the proposed Settlement is fair, reasonable, and adequate, and will also consider the request for an award of attorneys’ fees and expenses.