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Pharmaceutical

Kinsella Media’s unrivaled experience in prescription drug cases provides peace of mind to counsel and courts that notice will be done appropriately and creatively.

Selected Case Experience: Pharmaceutical
In re Pharmaceutical Industry Average Wholesale Price Litigation, No. CA:01-CV-12257, MDL No. 1456 (D. Mass.).
  • Case: $21.8 million settlement – Consumer Fraud
  • Class Membership: Medicare-Part B Beneficiaries and consumers who paid percentage co-payments and third-party payors that overpaid for hundreds of drugs.
  • Notice Program: The national notice programs employed publication, TV, and Internet advertising as well as direct notice to reach class members. Five other notice programs in related Average Wholesale Price (“AWP”) cases totaling $400 million in settlements used similar Kinsella Media programs to reach both consumer and third-party payors.
  • Highlights: The AWP Track II Settlement mailed a specially designed large font notice to Medicare-Part-B Beneficiaries, identified through the Centers for Medicare and Medicaid Services. An attached postage-paid postcard required only a simple verification that the beneficiary made percentage co-payments in order for them to receive a check. 
  • Creative: View the postcard. View the TV spot.

In re Vioxx Products Liability Litigation, 
No. 05-md-01657 (E.D. La.).
  • Case: $23 million settlement – Consumer Fraud
  • Class Membership: Consumers who paid for all or part of the purchase price of the pain medication Vioxx.
  • Notice Program: Notice was placed in consumer publications, newspaper supplements, on TV and the Internet. Kinsella Media also issued a multimedia news release. 
  • Creative: View the print advideo spot, or multimedia news release.

Connecticut v. Mylan Laboratories, Inc., No. 1:98-CV-3115, MDL No. 1290 (D.D.C.).
  • Case: $100.5 million settlement – Delayed Market Entry of Generic
  • Class Membership: Consumers who purchased Lorazepam and/or Clorazepate, drugs used primarily to treat anxiety and overpaid for the drug.
  • Notice Program: TV and consumer publications were the core of the notice program with point-of-purchase materials sent to over 53,000 pharmacies. Fifteen pharmacies sent confidential notice directly to 1 million consumers who purchased either or both of the drugs. The notice included an easy-to-complete release and waiver form that allowed the claims administrator to obtain the necessary records to process claims directly from the pharmacies.
  • Highlights: Over 200,000 consumers received $42 million in reimbursements. 
  • Creative: View the point-of-purchase materials.

Hoorman v. GlaxoSmithKline, No. 04-L-715 (Ill. Cir. Ct. Madison County).
  • Case: $63.8 million settlement – Consumer Fraud
  • Class Membership: Consumers who purchased prescription Paxil® and Paxil CR™ for use by a minor. 
  • Notice Program: The notice program focused on high-circulating mainstream and parenting magazines as well as trade publications targeting pediatricians and pediatric psychiatrists. Print and audio news releases extended the coverage beyond paid advertising.

In re State of Ohio v. Bristol-Myers Squibb, Co., No. 1:02-CV-01080 (D.D.C.).
  • Case: $50 million settlement – Consumer Fraud
  • Class Membership: Cancer patients who were prescribed Taxol, primarily for breast cancer and ovarian cancer.
  • Notice Program: This notice program featured advertisements in consumer magazines and print, audio, and visual news releases.
  • Highlights: Outreach to dozens of non-profit cancer organizations and websites expanded coverage beyond paid advertising.

In re Buspirone Antitrust Litigation, MDL No. 1413 (S.D.N.Y.).
  • Case: $93 million settlement – Delayed Market Entry of Generic
  • Class Membership: Consumers who purchased BuSpar to treat generalized anxiety disorder and overpaid for the drug.
  • Notice Program: Working with Attorneys General from multiple states, Kinsella Media placed notice on broadcast and cable networks and in high-circulation consumer magazines. Print, audio, and visual news releases provided additional notice opportunities. 
  • Highlights: Third-party organizations provided additional notice opportunities to their members. An AARP Bulletin article highlighted the settlement, providing a link to the BuSpar website and information on how to obtain a claim form.

In re Cardizem CD Antitrust Litigation, 200 F.R.D. 326 (E.D. Mich.).
  • Case: $29 million settlement - Delayed Market Entry of Generic
  • Class Membership: Consumers who purchased Cardizem CD to treat high blood pressure and overpaid for the drug.
  • Notice Program: Notice included advertising in consumer magazines and Puerto Rican newspapers and print, audio, and visual news releases.
  • Highlights: Over 79,000 consumers filed claims.

In re Metoprolol Succinate End-Payor Antitrust Litigation, No. 06-cv-71 (D. Del.).

Cipro Cases I and II, Nos. 4154 and 4220 (Super. Ct. Cal.).

New England Carpenters Health Benefits Fund v. First DataBank, Inc., No. 1:05-CV-11148 (D. Mass.).

Ferrel v. Wyeth-Ayerst Laboratories, Ltd., No. C-1-01-447 (S.D. Ohio).

United States v. Serono Laboratories, Inc., No. 05-CR-10282 (D. Mass.).

"Plaintiff States used Rust Consulting and Kinsella Communications to provide extensive notice through television, newspaper, and magazine advertisements, an Internet website, toll-free telephone lines, point-of-sale displays at pharmacies, and direct mail to over 1 million individuals…[T]he results were impressive when viewed through the final reach and frequency numbers." 

— Judge Thomas F. Hogan 
Connecticut v. Mylan Laboratories, Inc., No. 1:98-CV-3115, MDL No. 1290 (D.D.C.).

FEATURED MEDIA 

In re Vioxx Products Liability Litigation, No. 05-md-01657 (E.D. La.).