Consumer Co-Pay Home Page

If You Made a Percentage Co-Payment
for Brand-Name Prescription Drugs,
Between August 1, 2001 and March 15, 2005,

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

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 Percentage Co-Pay Class if you paid, or are obligated to pay, a percentage co-payment for any of the Subject Drugs. Additionally, you must have made these purchases between August 1, 2001 and March 15, 2005. If you made flat or fixed dollar co-payments for your prescription drugs, you were not affected by McKesson’s alleged conduct. Flat co-payments are those that do not differ with the cost of the prescription (i.e., one flat price for all brand named prescription drugs and another flat co-payment for generic prescription drugs).

What does the Proposed Settlement provide?

McKesson will pay $350 million to settle the lawsuit, of which up to $20,900,000 will be shared by those who made percentage co payments. Under the Agreement, 82.52% of the net Settlement Amount will be designated to satisfy the claims of TPPs and 5.97% of the net Settlement Amount will be designated for the purpose of paying the claims of consumers who made co-payments. The remainder will be designated to pay the claims of cash payor consumers.

How do I file a claim?

The official court-ordered deadline for filing a claim has passed. Claims needed to be postmarked by July 9th, 2009. However, if you still wish to file a claim, you should do so as soon as possible. Your claim will be marked as “late” and ultimately the court will decide whether or not to accept it as eligible for payment. Mail your completed Claim Form to:

As part of your claim, you must provide the backup information and certifications requested on the Claim Form.

Is it possible to exclude myself from the Proposed Settlement?

No. It is no longer possible to exclude yourself from the Co-Pay Consumer Settlement Class or the Proposed Settlement made on behalf of the Class. Notice of this lawsuit and the claims against McKesson was previously provided to potential members of the Co Pay Consumer Settlement Class. If you provided the Settlement Administrator with written notification of your intent to exclude yourself from the Class litigation on or before November 15, 2008, you will be excluded from the Settlement unless you opted back in before the June 3, 2009, deadline.

Summary of Consumer Co-Pay 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.