AstraZeneca Proposes Settlements in Zoladex Class Actions

Two class action Settlements with AstraZeneca Pharmaceuticals LP ("AstraZeneca"), the maker of Zoladex, have been reached. The lawsuit claims, but AstraZeneca denies, that AstraZeneca reported false and inflated average wholesale prices ("AWPs") for Zoladex. The reported AWPs are used to set drug prices that are paid by private health insurers and consumers paying cash or making percentage cop-payments under private health insurance plans.

AstraZeneca agreed to pay $90 million in the Nationwide Settlement and $13 million in the Massachusetts Settlement. The Settlements are not an admission of wrongdoing or an indication that any law was violated.

You are considered a class member of the AstraZeneca Zoladex class action settlements if you made a cash or percentage co-payment for Zoladex during the period from January 1, 1991 through June 11, 2010. A "cash payment" is a payment for the full cost of the drug without the help of payment by the insurer or other source, and a "percentage co-payment" is one that varies with the cost of the drug (e.g., 10% or 20% of the cost of the drug). You are not considered a class member if you meet any of the following requirements:

(1) You made flat co-payments (e.g., a flat amount of $10 or $25 per prescription, regardless of the cost of the drug);

(2) Insurance paid all of your co-payment;

(3) Your percentage co-payment was through Medicare Part B; or

(4) You were never obligated to make a co-payment at all.

There are two different settlement classes you can make claims under. The Nationwide Zoladex Settlement class includes all U.S. citizens who purchased Zoladex outside the Commonwealth of Massachusetts during the period from January 1, 1991 through June 11, 2010. The Massachusetts Zoladex Settlement includes all U.S. citizens who purchased Zoladex in Massachusetts during this same period. You may be included in one or both of the Zoladex settlements, depending on where and when you purchased Zoladex.

As a class member of the AstraZeneca Zoladex settlement class, you have two options to get a payment:

(1) Easy Refund Option: Sign a claim form under penalty of perjury stating that you paid cash or a percentage co-payment for Zoladex during the class period and you will be entitled to a one-time payment of up to $400, depending on how many consumers file valid claims.

(2) Full Estimated Refund Option: If you can provide documentation showing the total amount you spent on cash payments or percentage co-payments for Zoladex during the class period, and you can receive a maximum refund of the total amount you spent. This amount may vary, depending on how many class members make successful claims.

All claim forms must be postmarked by February 15, 2011. For claims during the years 1997 through 2004, you may be able to receive up to three time your out-of-pocket expenses for Zoladex. For more information on the settlements visit astrazenecasettlement.com.

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