IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

If You Purchased or Paid for REMICADE, A Class Action Settlement Could Affect You.

INFORMATION REGARDING CLASS ACTION SETTLEMENT

A proposed $25,000,000 Settlement has been reached in a class action lawsuit on behalf of consumers and third-party payors regarding the prescription drug Remicade. The class action lawsuit (In re Remicade Antitrust Litigation, No. 2:17-cv-04326-KSM) claims that Defendants Johnson & Johnson and Janssen Biotech, Inc. violated federal and state antitrust and consumer-protection laws by taking action to block competition by new entrants in the infliximab market. Defendants deny any wrongdoing. The Court has not decided who is right.

The Court has preliminarily approved the proposed Settlement described in this Notice. To resolve the claims, the proposed Settlement will provide for $25,000,000 to be paid by Defendants. Attorneys’ Fees and Expenses and Service Awards may be deducted from this amount, with Court approval.

The Court has scheduled a hearing to decide whether to approve the Settlement, the plan for allocating the Settlement Fund to Settlement Class Members, and any requests by the attorneys for reimbursement of expenses out of the Settlement Fund, payment of Service Awards to the Named Plaintiffs, with Court approval (the “Fairness Hearing”). The Fairness Hearing is scheduled for Monday, February 27, 2023 at 2:00 p.m. ET, before Judge Marston at the United States District Court for the Eastern District of Pennsylvania, James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106. The time and date of the Fairness Hearing may change without additional mailed Notice. For updated information on the Fairness Hearing, please check this website regularly. Please read the Notice carefully.

Who Is Included?

The Settlement Class is defined as follows: All persons and entities in the United States and its territories who indirectly purchased, paid and/or provided reimbursement for some or all of the purchase price of Defendants’ infliximab (Remicade) from April 5, 2016 through February 28, 2022 (the “Class Period”).

  • The following groups are excluded from the Class: (a) Defendants, their officers, directors, management, employees, subsidiaries and affiliates; (b) all federal and state governmental entities except for cities, towns or municipalities with self-funded prescription drug plans; (c) all persons or entities who purchased Defendants’ infliximab (Remicade) for purposes of resale or who purchased infliximab directly from Defendants; (d) fully insured health plans (i.e., health plans that purchased insurance covering 100% of their reimbursement obligation to members); (e) any “flat co-pay” consumers whose purchases of Defendants’ infliximab (Remicade) were paid in part by a third-party payor and whose co-payment was the same regardless of the retail purchase price; (f) pharmacy benefit managers; (g) any judges or justices involved in this action and any members of their immediate families; and (h) any providers (including but not limited to hospitals, clinics, and physicians) who purchase Remicade and are later reimbursed for the provision of Remicade.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

PARTICIPATE IN

THE SETTLEMENT

BY SUBMITTING A

CLAIM FORM.

If you are a Settlement Class Member and want to participate in the Settlement, then you will need to submit a Claim Form in order to be eligible to obtain a share of the proposed Settlement.

If think you are a potential Settlement Class Member, please click here to submit a Claim. 

You will be asked to provide information or data proving that you are a member of the Settlement Class. You also may be asked to provide data showing your eligible purchases. Please see the Remicade Product Codes listed below for reference.

If you are unable to access to the settlement website identified above, please contact the Settlement Administrator at In re Remicade Antitrust Litigation, Settlement Administrator, c/o Gilardi & Co., LLC, P.O. Box 6175, Novato, CA 94948-6175, contact [email protected], or call 1-888-859-1912.

The deadline for submtting a Claim Form is November 30, 2022.

EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS

You may choose to exclude yourself, or “optout,” from the Settlement Class if you believe you are a member of the Settlement Class. If you decide to exclude yourself, you will not be bound by any decision in this lawsuit relating to Defendants. This is the only option that allows you to ever be part of any lawsuit (other than this lawsuit) against Defendants relating to the legal claims against Defendants in this case.

The deadline for opting out is November 30, 2022.

STAY IN THE LAWSUIT BUT OBJECT TO THE SETTLEMENT

If you object to all or any part of the proposed Settlement, you may write to the Court about why you do not like the proposed Settlement. You may object to the proposed Settlement only if you have not excluded yourself from the Settlement Class.

The deadline for objecting is November 30, 2022.

GET MORE INFORMATION

If you would like to get more information about the case or the Settlement, you can send questions to the lawyers or the Settlement Administrator identified in this Notice and/or ask to attend the Fairness Hearing where the Court will evaluate the proposed Settlement.

For the purpose of searching purchase records, the Remicade product codes are as follows:

Product

NDC-9

NDC-11

HCPCS/J Code

Remicade

57894-0030

57894-0030-01

J1745