Vytorin Zetia Settlement Reaches $41.5 Million

The lawsuit claims that the defendants violated consumer protection laws regarding the sale of Vytorin® and Zetia® by marketing them as being more effective than other anti-cholesterol drugs and selling them at higher prices when, in fact, they were not more effective. The defendants deny any wrongdoing but are settling the lawsuit to resolve the controversy and to avoid the burden and expense of further litigation.

This Vytorin Zetia settlement provides $41.5 million to benefit consumers and insurance companies or other entities that paid for or provided reimbursement for either Zetia® or Vytorin® from November 1, 2002 through September 17, 2009. The Settlement fund will be allocated as follows: $12,450,000 to consumers, $14,525,000 to insurers, and $14,525,000 to insurers who are settling their claims individually. Court-approved attorneys’ fees and expenses will be deducted from these amounts before distribution.

Class Members that wish to remain in the Vytorin Zetia Settlement and receive a payment must submit a valid Claim Form postmarked by April 1, 2010. They give up the right to sue and will be bound by all Court orders. The amount of money that Class Members get will depend on how much they paid for Zetia® or Vytorin® and how many valid claims are filed.

Class Members that do not wish to be included in the Settlement must submit a written request for exclusion postmarked by January 15, 2010. They retain the right to sue and will not receive any payment as a result of this lawsuit.

Class Members that want to object but remain in the Vytorin Zetia Settlement must submit a written objection postmarked by January 15, 2010. They give up the right to sue and are bound by Court orders even if the objection is rejected. If they file an objection, they may appear at the Fairness Hearing to explain their objection, but are not required to attend.

If Class Members do nothing, they remain in the Settlement but will not get a payment unless a valid Claim Form is submitted. They give up their right to sue and are bound by all Court orders.

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.

The Court has appointed lawyers to represent Class Members at no cost. Class Members may choose to hire a lawyer at their own expense.

For information about the proposed Settlement, visit www.VytorinZetiaSettlement.com, call toll-free 1-800-760-4686, or write: Vytorin/Zetia Settlement, c/o Rust Consulting, Inc., P.O. Box 24785, West Palm Beach, FL 33416

Written by Contact: Nancy Dolan
(202) 686-4111