Consumer Cash Payor Home Page

If You Paid in Full for Certain Prescription Drugs
Between August 1, 2001 and January 23, 2009

You May Get Money Back from a $350 Million Class Action Settlement
About More Than 450 Brand-Name Drugs.

Please Note: On December 22, 2010, the Court approved distribution of settlement funds to eligible "Cash Payor" Consumer class members. See the "Order Approving Partial Distribution of the Settlement Fund to the Cash Payor and TPP Subclasses" on the "Court Documents" link on the left side of this page. Checks were mailed to eligible class members on December 30, 2010.

What is the lawsuit about?

This lawsuit is NOT about whether these drugs are safe or effective. The lawsuit is about the amount that you were charged for the drugs.

If you have insurance, your prescription drug payments are often based on list prices, or benchmarks. The most common pricing benchmark is often called the Average Wholesale Price or “AWP.” Several companies, including FDB and Medi-Span, publish the AWP of prescription drugs in printed and electronic databases. During the time period of this lawsuit, FDB often determined the AWP for many drugs by using a “mark-up factor.” The lawsuit claims that FDB and McKesson unlawfully conspired to inflate the mark-up factor, thereby wrongfully increasing the published AWP for many drugs. According to the lawsuit, this in turn increased the prices paid by many drug purchasers. If you paid a co-payment set as a percentage of what the TPP paid, the lawsuit claims that your co-payment was wrongfully increased. McKesson denies any wrongdoing and is settling this lawsuit to avoid further litigation.

How do I know if I am included in the Proposed Settlement?

You are a member of the Cash Payor Settlement Class, if you were an uninsured or underinsured individual and paid the cash price of any of the Subject Drugs of this lawsuit. Additionally, you must have made the purchase(s) between August 1, 2001 and January 23, 2009 (the date of the Court’s preliminary approval of the Proposed Settlement).

What does the Proposed Settlement provide?

McKesson will pay $350 million to settle the lawsuit, of which $40,425,000 is to be set aside for the claims of Cash Payors. Under the Agreement, 82.52% of the net Settlement Amount will be designated to satisfy the claims of TPPs and 5.97% will satisfy consumers who paid percentage co-pays, and 11.52% will be designated for the purpose of paying cash payor claims.

How do I file a claim?

The official court-ordered deadline for filing a claim has passed and settlement funds have been distributed to eligible class members. Therefore, it is too late to file a claim. Claims needed to be postmarked by July 9th, 2009.

Summary of Cash Payors’ Rights and Choices:

IMPORTANT: THIS SITE IS SUPERVISED BY THE COURT AND IS ADMINISTERED BY AN ADMINISTRATION FIRM THAT HANDLES ALL ASPECTS OF NOTICE AND CLAIM PROCESSING. THIS IS THE ONLY AUTHORIZED WEB SITE FOR THIS LITIGATION. PLEASE DO NOT RELY UPON OTHER SITES THAT SET OUT DIFFERENT AND UNAUTHORIZED INFORMATION.