Frequently Asked Questions


1. Why did I get this Notice?

A Court authorized the Notice because you have a right to know about proposed class action Settlements and about all of your options, before the Court decides whether to give final approval to the Settlements. This Notice explains the class action lawsuit, the Settlements, and your legal rights.


2. What Is A Class Action?

In a class action, one or more people called class representatives sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all Class Members, except for those who exclude themselves from the Class.


3. What Is This Lawsuit About?

The lawsuit claims that the Defendants kept the prices of Lovenox® and generic enoxaparin higher than they otherwise would have been by manipulating the generic approval process to bring within the scope of Defendant Momenta’s patents the testing of enoxaparin that is required to ensure every batch meets FDA standards. This means that although Momenta did not develop enoxaparin, it tried to use its patented processes for testing generic enoxaparin to prevent other generic drug manufacturers from selling it. The lawsuit also claims Momenta collaborated with Sandoz and knew that developing a scheme to monopolize the market would lead to record profits.

Defendants deny these claims and deny that they did anything wrong. No court or other authority has found that Defendants engaged in any wrongdoing.


4. What Is The Current Status Of The Lawsuit?

Plaintiffs have agreed to settle with the Defendants. The lawsuit is currently pending in the United States District Court for the Middle District of Tennessee before Chief Judge Waverly D. Crenshaw, Jr. and Magistrate Judge Barbara D. Holmes. The Court has set a Final Approval Hearing for the proposed Settlements on May 29, 2020, at 1:00 p.m. Central time, at the United States District Court for the Middle District of Tennessee, Nashville Division, 801 Broadway, Room A859, Nashville, Tennessee 37203. The Court may continue the Final Approval Hearing without further notice so please consult www.dvtmedslawsuit.com for any updates on deadlines.


WHO IS IN THE SETTLEMENT?

5. How Do I Know If I Am A Member Of The Class?

You are a Class Member if you fit the Class definition below:

The Class includes:

• Hospitals, third-party payors, and people without insurance who indirectly purchased, paid for, and/or reimbursed some or all of the purchase price for Lovenox® or generic enoxaparin,

• In Arizona, Arkansas, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin,
• From September 21, 2011, through September 30, 2015,

• For the purpose of personal consumption by themselves, their families, or their members, employees, insureds, participants, patients, beneficiaries, or anyone else. In addition to hospitals, the Class only includes third-party payors and people without insurance who purchased, paid for, and/or reimbursed some or all of the purchase price for Lovenox® or generic enoxaparin from a pharmacy.

The lawsuit does not include:

• Defendants, their officers, directors, management, employees, subsidiaries, and affiliates;

• Federal and state governmental agencies except for cities, towns, municipalities, counties, or other municipal government entities, if otherwise qualified;

• Payors that received 100% reimbursement on all transactions, such as fully insured health plans (i.e., plans that purchased insurance covering 100% of their reimbursement obligation to members);

• Third-party payors and people without insurance who purchased, or paid or reimbursed only for branded Lovenox®, and not generic enoxaparin, from a pharmacy or other retail outlet; and

• Judges assigned to this case and any members of their immediate families.


The full class definition is included in the Class Certification Order and Settlement Agreements available at on the Court Documents page of this website. Additionally, if you timely and validly excluded yourself from the Class, you are no longer a Class Member.


6. What If I Am Still Not Sure If I Am Included In The Class?

If you are still not sure whether you are included, you can get more information by contacting the Notice and Claims Administrator using the contact information at 1-888-208-9630 or by email at info@dvtmedslawsuit.com.


THE BENEFITS OF THE SETTLEMENTS

7. What Do The Settlements Provide?

The Defendants settled with Plaintiffs for a total of $120 million. After deducting attorneys’ fees, expenses of the litigation, administrative costs, and payments to Class Representatives, the net fund remaining will be distributed to uninsured consumers, hospitals, and third-party payors who submit valid and timely Claim Forms. For more details, please see the Distribution Plan, which is available on the Court Documents page of this website.


8. How Much Will My Payment Be?

Recoveries will generally be calculated based on how much each Class Member paid for Lovenox® or generic enoxaparin from September 21, 2011, through September 30, 2015, compared to the amount paid by all other Class Members who file valid and timely Claim Forms. The calculation may differ depending on whether the purchase was by a hospital, third-party payor, or uninsured person, and depending on whether the purchase was of Lovenox® or generic enoxaparin. Additional details of how your recovery will be calculated can be found in the proposed Distribution Plan, which is available on the Court Documents page of this website. Please note that the Court has the authority to modify the proposed Distribution Plan as part of the approval process, so the calculation of your claim might change.


HOW TO GET A PAYMENT

9. What Do I Need To Do To Get A Payment?

To be eligible to receive a payment if the Court approves the Settlements, you must complete and submit a valid Claim Form. Claim Forms should be mailed to the address below and must be received by July 3, 2020. You can get a Claim Form on this website or by calling 1-888-208-9630 or writing to the address below and requesting a Claim Form.

Enoxaparin Antitrust Settlement
c/o A.B. Data, Ltd.
P.O. Box 173090
Milwaukee, WI 53217
You may also submit a completed Claim Form online on this website. If you submit a Claim Form online, you must do it by July 3, 2020.


10. What Happens If I Do Nothing?

If you do nothing, you won’t get any money from the Settlements and you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendants for the claims being resolved by the Settlements.


11. What Claims Am I Settling?

If the Settlements become final, you will be releasing the Defendants from all the claims identified in the Settlement Agreements. The Settlement Agreements are available on the Court Documents page of this website. The Settlement Agreements describe the released claims with specific descriptions, in accurate legal terminology, so read them carefully.


OBJECTING TO THE SETTLEMENTS

12. May I Object To The Settlements?

Yes. If you are a Class Member and you did not request to exclude yourself from the Class, you may object to any aspect of the Settlements, including the fairness of the Settlements, the Distribution Plan, and/or Class Counsel’s requests for attorneys’ fees, expenses, and Class Representatives’ incentive awards.


13. How Do I Object To The Settlements?

To object to the Settlements, you (or your lawyer if you have one) must file a written objection with the Court and send the objection to the counsel identified below. You must file your objection on or before March 16, 2020. Your written objection can include any supporting materials, papers, or briefs that you want the Court to consider. Your written objection must include:

• Your name, address, telephone number, and an explanation of your objection;

• The case name and number: The Hospital Authority of Metropolitan Government of Nashville and Davidson County v. Momenta Pharmaceuticals, Inc., Civil No. No. 15-CV-01100; and

• Documentation demonstrating that you are a member of the Class and/or this statement, followed by your signature: “I declare under penalty of perjury under the laws of the United States of America that [insert your name] is a member of the Class.”

You must file your objection with the Court (address immediately below) and mail copies to the counsels’ addresses below so that they are received by March 16, 2020.
Court Class Counsel Defense Counsel
Clerk of the Court
U.S. District Court
Middle District of Tennessee
Nashville Division
801 Broadway
Nashville, Tennessee 37203
Brendan P. Glackin
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Michael L. Keeley
Bradley Justus
AXINN, VELTROP & HARKRIDER LLP
950 F St., NW
Washington, DC 20004

Teresa T. Bonder
Matthew D. Kent
ALSTON & BIRD LLP
1201 W. Peachtree Street, Suite
Atlanta, GA 30309

Any lawyer representing a Class Member for the purpose of making objections must also file a Notice of Appearance with the Court and mail the Notice to Counsel.


THE LAWYERS REPRESENTING YOU

14. Do I Have A Lawyer Representing My Interests?

Yes. The Court appointed Lieff Cabraser Heimann & Bernstein, LLP as “Class Counsel” to represent the interests of the Class. Their contact information is below:

San Francisco Office
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
Nashville Office
222 2nd Ave. South, Ste 1640
Nashville, TN 37201
Telephone: (615) 313-9000
Facsimile: (615) 313-9965
If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.


15. How Will The Lawyers Be Paid?

Class Counsel will request an award from the Court for attorneys’ fees of up to 33% of the total amount of the Settlement Fund plus any accrued interest, plus reimbursement for the costs and expenses they advanced in litigating the case, which are currently over $2.1 million. All awards for attorneys’ fees and expenses shall be paid from the Settlement Funds after the Court approves them.

Class Counsel will also request a service award of up to $200,000 to be paid to each of the Class Representatives who worked on behalf of the entire Class to achieve the results of the Settlements.


THE FINAL APPROVAL HEARING

16. When And Where Will The Court Decide Whether To Approve The Settlements?

The Court will hold a Final Approval Hearing on May 29, 2020, at 1:00 p.m. Central Time, at the United States District Court for the Middle District of Tennessee, Nashville Division, 801 Broadway, Room A859, Nashville, Tennessee 37203. The Court may reschedule the Final Approval Hearing without further written notice, so you should check www.dvtmedslawsuit.com or call 1-888-208-9630 if you want to find out if the Final Approval Hearing has been rescheduled.

The purpose of the Final Approval Hearing is to:

• Decide if the Settlements are fair, reasonable, adequate, and in the best interests of the Class, if it should be approved, and if a judgment should be entered;

• Consider the proposed Distribution Plan;

• Consider Class Counsel’s requests for an award of attorneys’ fees and reimbursement of expenses;

• Consider the request for service awards for the Class Representatives;

• Consider all comments and objections; and

• Consider any other issues that the Court thinks are necessary.


17. Must I Attend The Final Approval Hearing?

No. Attendance is not required. Class Counsel is prepared to answer questions on your behalf. Class Members who filed and served written objections may (but do not have to) appear at the Final Approval Hearing, in person or through an attorney hired at their own expense


18. Can I Attend The Final Approval Hearing?

Yes, anyone can attend the Final Approval Hearing and watch. If you want to appear at the Final Approval Hearing and object, in person or through an attorney hired at your own expense, you need to file a Notice of Intent to Appear with the Court, as well as mail the Notice of Intent to Appear to the addresses listed in Question 13 so that they are received by May 15, 2020. The Notice of Intent to Appear must contain the following information:

• The name, address, and telephone number of the Class Member and, if applicable, the name, address, and telephone number of the Class Member’s attorney (who must file a Notice of Appearance

• The objection, including any supporting papers; and

• The name and address of any witnesses to be presented at the Final Approval Hearing, together with a statement as to the matters on which they wish to testify and a summary of the proposed testimony.


GETTING MORE INFORMATION

19. Where Do I Get More Information?

This Notice only summarizes the Settlements. You can get a copy of the Settlement Agreements, Distribution Plan, Claim Forms, and other important documents on this website. You may also write to Enoxaparin Antitrust Settlement, c/o A.B. Data, Ltd., P.O. Box 173090, Milwaukee, WI 53217, email info@dvtmedslawsuit.com, or call the Notice and Claims Administrator at 1-888-208-9630.

Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Clerk’s office. The address is United States District Court for the Middle District of Tennessee, Nashville Division, 801 Broadway, Room A859,, Nashville, Tennessee 37203.







Note: These documents are in PDF format. To view the
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Note: These documents are in PDF format. To view the documents, you will need Adobe Acrobat Reader on your computer or other internet-enabled device.

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