5. Who Represents Me?
The Court has appointed the following attorneys (“Class Counsel”) to represent you and other Class Members:
|
Marvin W. Masters
The Masters Law Firm lc
181 Summers Street
Charleston, West Virginia 25301
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Scott S. Segal
The Segal Law Firm
810 Kanawha Boulevard
East Charleston, West Virginia 25301 |
Carl N. Frankovitch
Frankovitch, Anetakis, Colantonio & Simon
337 Penco Road
Weirton, West Virginia 26062 3828
|
Anthony J. Majestro
Powell & Majestro
405 Capitol Street
Charleston, West Virginia 25331-1727 |
These lawyers are called Class Counsel. You won't be personally charged for these lawyers, but they will ask the Court to award them a fee in an amount equal to one-third of the Settlement Fund.
The Court has appointed plaintiffs Frances Richards, Marilyn Walker and the Estate of William O'Neill as the Class Representatives. The Class Representatives have by separate agreement with the defendants settled their individual personal injury claims.
6. Why Is There a Proposed Settlement?
A settlement is the agreement between plaintiffs and defendants following extended negotiation. Settlements conclude litigation but are not a result of the court ruling in favor of the plaintiff or defendant. The settlement enables both parties to avoid the cost and risk of a trial, and ultimately establish a just, fair and final resolution that is best for all involved. The class representatives and their attorneys make the determination that the settlement is the best result for all class members and the Court is asked to approve the settlement as fair, reasonable and adequate. If the court approves the settlement, the defendants are then released from any liability based upon the alleged wrongful conduct that is the subject of the litigation.
Class Counsel and Defendants have engaged in extensive, arms-length negotiations regarding the issues presented in this litigation and the possible terms of a settlement. Defendants want to settle the claims in this case and the Class Representatives and Class Counsel believe the Proposed Settlement is fair, reasonable and adequate and in the best interests of the Class.
7. What Are the Terms of the Proposed Settlement?
Under the Proposed Settlement, the Defendants have agreed to create a $17,100,000 Settlement Fund. Class Members who submit the required documentation (see Question 11) will be able to make a claim for cash from this Fund.
- Class Members who do not agree to give up their claims for personal injury from Rezulin® will get $200.
- Class Members who agree to give up their claims for personal injury from Rezulin® will get $1,500.
If the payments to Class Members do not exceed $4,500,000, then the unpaid amount up to $4,500,000 will be given to programs in the State of West Virginia for diabetes research and/or to enhance the treatment of diabetics (“Programs”). Any remaining money in the Settlement Fund (after payment of notice and administration, attorneys' fees and costs) will be divided between additional programs and the Defendants.
- 80% of the remaining money will be given to Programs; and
- 20% of the remaining money will be given back to the Defendants.
All administration and notice costs, as well as attorneys' fees and expenses, will be paid out of the Settlement Fund. If the total amount of claims, fees and expenses exceeds the Settlement Fund, Class Members' payments will be reduced proportionately and no payments will be made for Programs or to the Defendants.
If the proposed settlement is finally approved, you will be bound by a judgment dismissing the lawsuit against the Defendants and you will not be able to sue the Defendants for any claim arising out of or relating to the purchase or use of Rezulin®, unless you do not release claims for personal injury that might or could have been sustained by the ingestion of Rezulin®. If you do not release such personal injury claims, you will continue to have such claims as if there had been no settlement.
8. What Am I Giving Up If I Agree to Give Up My Personal Injury Claim?
If you have been medically injured because you took Rezulin®, or you become injured in the future, you may have a “personal injury” claim against the Defendants. If you agree to give up the right to this claim, you can never sue the Defendants for any personal injuries you may have now or that occur in the future. If you consider acceptance of the $200.00 payment and NOT to release your claims for personal injury, you should consult with a lawyer about the statute of limitations (which is the time period within which a lawsuit must be filed) for any personal injury claim you may have. You may wish to consult with a lawyer (at your own expense) as to which settlement payment option is best for you.
9. How Will Class Counsel be paid?
Class Counsel will request that the Court award attorneys' fees and expenses. The Court has appointed Class Counsel to represent everyone in the Class. Subject to Court approval, Class Counsel will apply to the Court for attorneys' fees and expenses in an amount equal to one-third of the Settlement Fund. Any fees and expenses awarded by the Court will be paid solely from the Settlement Fund.
10. Do I Have the Right to Get My Own Lawyer?
You have the right to hire your own lawyer, but if you want your own lawyer to speak for you or appear in Court, you must file a Notice of Appearance (see Question 16 below). If you hire a lawyer to consult with or to appear for you in the lawsuit, you will have to pay that lawyer yourself.
11. How Can I Make a Claim?
To get any payment, you must complete a Claim Form and Release. In the Claim Form, you must certify that you took Rezulin® in West Virginia or took Rezulin® that was prescribed or sold to you in West Virginia. You must also submit records of at least one purchased prescription for Rezulin®. If you do not have this proof, you must give the Claims Administrator permission to get these records from your doctor or pharmacy.
In the Release, you must check whether or not you wish to give up your personal injury claim (see Question 8). Even if you do not give up your personal injury rights, you must agree to never sue the Defendants for any of the other claims made in the lawsuit.
Your Claim Form and Release must be completed and RECEIVED on or before February 4, 2008. You must submit the Claim Form and Release to:
- Rezulin® Settlement Administrator
P.O. Box 849
Hurricane, WV 25526
The Claims Administrator will determine if you submitted a completed claim form and sufficient proof of purchase or prescription.
12. Can I Exclude Myself from the Proposed Settlement?
No. The Court certified this case as a class action on May 30, 2006. Notice of the class certification was then provided and you were given the opportunity to exclude yourself from the Class. If you did not, you cannot exclude yourself now. If you did exclude yourself, you cannot make a Claim in this Proposed Settlement.
13. Can I Object or Comment on the Proposed Settlement?
If you have comments about, or disagree with, any aspect of the Proposed Settlement, including the requested attorneys' fees and expenses, you may express your views to the Court through a written response to the Proposed Settlement. The written response should include your name, address, telephone number and a brief explanation of your reasons for objection. The document must be signed to ensure the Court's review. You must also include with your objection proof that you are a member of the class by attaching either (i) a pharmacy or medical record showing a West Virginia prescription for Rezulin® or (ii) an affidavit (a statement given under oath) giving the details regarding your use of Rezulin® and setting forth the approximate dates, physicians and pharmacies you used. The response must be RECEIVED by the Court and Class Counsel at the addresses below no later than December 5, 2007. The Objection must be filed with the Court at the following address:
- Rezulin® Litigation
Ms. Janice Davis
Clerk of the Circuit Court
Raleigh County Courthouse
215 Main Street
Beckley, West Virginia 25801
In addition, your document must clearly state that it relates to the following:
- In Re West Virginia Rezulin® Litigation, Civil Action No. 00-C-1180-H
Copies of all papers must also be sent to Class Counsel at:
- Rezulin® Litigation
Marvin W. Masters, Esq.
The Masters Law Firm lc
181 Summers Street
Charleston, West Virginia 25301
14. Will There Be a Fairness Hearing?
The Court has scheduled a Fairness Hearing at 9:00 a.m. on December 21, 2007 at the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia 25801-4688. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of the Proposed Settlement, and whether an order and final judgment should be entered approving the Proposed Settlement.
The Court will also consider any application for an award of attorneys' fees and expenses in an amount to be awarded by the Court.
15. Do I have to Attend the Hearing?
Attendance is not required, even if you properly mailed a written response. Class Counsel is prepared to answer the Court's questions on your behalf. If you or your personal attorney still want to attend the Hearing, you are more than welcome at your expense. However, it is not necessary that either of you attend. As long as the objection was received before the deadline, the Court will consider it.
16. Can I Speak at the Hearing?
You may speak at the Final Approval Hearing or hire your own lawyer to speak on your behalf. If you want your own lawyer instead of Class Counsel to speak at the Final Approval Hearing, you must give the Court a paper that is called a “Notice of Appearance.” The Notice of Appearance must include the name and number of the lawsuit, and it should state that you wish to enter an appearance at the Fairness Hearing. It also must include your name, address, telephone number and signature. Your “Notice of Appearance” must be RECEIVED by both the Court and Class Counsel at the addresses below no later than December 5, 2007. You cannot speak at the Hearing if you previously asked to be excluded from the Class.
The Notice of Appearance must be filed with the Court at the following address:
- Rezulin® Litigation
Ms. Janice Davis
Clerk of the Circuit Court
Raleigh County Courthouse
215 Main Street
Beckley, West Virginia 25801
The Notice of Appearance must be filed using the following:
- In Re West Virginia Rezulin® Litigation, Civil Action No. 00-C-1180-H
Copies of all papers must also be sent to Class Counsel at:
- Rezulin® Litigation
Marvin W. Masters, Esq.
The Masters Law Firm lc
181 Summers Street
Charleston, West Virginia 25301
17. How Can I Get More Information?
This is a summary. It is not a complete statement of the lawsuit or the Proposed Settlement. The complaints in the lawsuit, the complete terms of the Proposed Settlement, and all other pleadings and relevant documents in the lawsuit are on file and may be examined or copied (at your own expense) during regular business hours at the Office of the Clerk.
If you have any other questions about this case or how to file a claim, please write Class Counsel (see Question 5), the Settlement Administrator at P.O. Box 849, Hurricane, WV 25526 or call 1-888-925-4968.
DO NOT CONTACT THE CLERK OR THE COURT FOR INFORMATION.
