Paxil CR® settlement e-Alert

July 9, 2009 If you took Paxil CR® at anytime between April 1, 2002 and March 4, 2005, you may · be eligible to file a claim worth $50 - $150; · be able to help improve a settlement affecting millions of Paxil CR consumers nationwide. The lawsuit and settlement: A proposed settlement in a class action lawsuit will allow consumers who took defectively manufactured or 'split' Paxil CR® tablets to file claims for $10 per split pill that they purchased, with a minimum of $50 and maximum of $150. Unfortunately PAL feels that the proposed settlement is unfair to consumers, because it · allows left over funds to be returned back to the drug manufacturer, GlaxoSmithKline (GSK). · places a maximum of $150 on consumer claims, even if consumers took more than 15 of the 'split' Paxil CR® pills. · requires consumers making claims for more than $50 (for more than 5 split pills) provide a receipt, rather than simply sign a statement that their claim is truthful. If you paid for Paxil CR® between April 1, 2002 and March 4, 2005, please contact PAL as soon as possible at 617-275-2824 or PAL@communitycatalyst.org. Please help us improve this settlement on behalf of Paxil CR® consumers nationwide! Why get involved? Because this settlement does not allow consumers to be fairly compensated and potentially allows the defendant drug company, GSK, to be refunded millions of dollars from the settlement fund. PAL needs your help to make this settlement more beneficial to consumers just like you! Remember to file a claim: If you paid for (in whole or in part) Paxil CR® between April 1, 2002 and March 4, 2005 you may be eligible to receive up to $150 from the settlement. If you were prescribed any split or otherwise defective Paxil CR® tablets and would like to make a claim you can call 1-866-458-3186 or visit . The deadline to file a claim is August 10, 2009. Additional information on the Paxil CR lawsuit and settlement. The lawsuit is called Simonet v. SmithKline Beecham Corp, No 06-1230-GAG, and is filed in U.S. federal District Court in Puerto Rico. The lawsuit alleges that Paxil CR® tablets made at a GlaxoSmithKline (GSK) plant in Puerto Rico were manufactured in a way that allowed them to 'split apart.' This prevented the 'controlled release' nature of the pills from working -- a 'split' tablet could release the full dose of Paxil all at once, or make the pills ineffective (because the active ingredients were broken down by acid in the stomach). In the proposed settlement agreement, the maker of Paxil CR®, GlaxoSmithKline, agreed to pay up to $28 million to settle the lawsuit, with 60% of the funds going to consumers, and the rest to reimburse insurance plans that paid for Paxil CR®. If you took a split Paxil CR® tablet, or believe that you may have done so, between April 1, 2002 and March 4, 2005, you may be able to help Paxil CR® consumers nationwide by contacting PAL. We are a non-profit consumer focused organization dedicated to promoting consumer access to needed prescription drugs, and to representing consumer interests in litigation concerning such prescription drugs. There is no cost to helping us make improvements to this settlement. Prescription Access Litigation (PAL) has objected to the settlement for the following reasons: Under the current proposal, all of the $16.8 Million left over after paying the consumer claims that are received would go back to the defendant, GSK. This allows GSK to get away with their alleged defective manufacturing without paying for the release of consumers' claims for monetary damages. Instead, PAL believes the money should be used to benefit the consumers who took split Paxil CR® tablets but who do not hear about this opportunity to file a claim. (Traditionally, prescription drug consumers are so hard to identify, less than 10% of them ever file a claim.) Such a use of these left-over consumer funds, called by the legal term 'cy pres' meaning 'as close as possible,' could include supporting consumer education, advocacy, or other uses that benefit those absent Paxil CR® consumers who don't file a claim. Under the current proposal, consumers may file a claim for $10 per split pill they purchased, with a maximum of $150 no matter how many pills they took. PAL believes that this limit of $150 is arbitrary and should be increased. Under the current proposal, a consumer filing a claim asserting that they purchased more than 5 (five) split Paxil CR® tablets must provide proof in the form of a written prescription, receipt, cancelled check, credit card statement, explanation of benefits form from their insurance company, or a letter from their physician. Instead, PAL proposes that consumers should only be required to sign the claim form stating that their claim for a $10 reimbursement of up to 15 tablets is truthful. About PAL: Prescription Access Litigation, LLC, is a non-profit organization dedicated to making prescription drugs more affordable and reforming the drug industry, through consumer education and litigation. Members of the PAL coalition of over 130 organizations nationwide have served as plaintiffs to help bring more than 30 class action lawsuits challenging illegal tactics by the drug industry. PAL is a project of Community Catalyst, a non-profit organization building a strong consumer voice in health care reform. See www.communitycatalyst.org. For more information. see www.prescriptionaccess.org, or contact us at pal@communitycatalyst.org. You can give us a call at 617-275-2824 or write to us at c/o Community Catalyst, 30 Winter Street, 10th Floor, Boston, MA 02108. from Consumers for Affordable Health Care