13 WTHR - Indianapolis News |File a claim in prescription drug class action settlement

File a claim in prescription drug class action settlement

David MacAnally/Eyewitness News

Indianapolis - A $350 million settlement in a prescription drug pricing case could mean money for Hoosier patients, insurance companies and medical plans.

The prescription drug list includes Claritin, Demerol, Flonase, Lipitor and Ritalin - 450 prescription medications in all.

"Some very important cancer drugs are on that list so it affects a lot of people and it's important the problem is exposed," said Dr. David Orentlicher, Indiana University School of Law.

The problem? Charges that a drug wholesaler and a company that helps set prices worked to jack up prices five percent higher than they should have been.

Orentlicher says the list includes the top five prescription drugs in the country. "You know a lot of people are affected," he said.

Many can now apply to collect damages. In the settlement the defendants McKessen and FDB set up a $350 million fund to pay overcharged patients. Most are insurance companies but about 15 percent are people who paid cash or a percentage after insurance and can make a claim.

One customer, Lynda, uses at least two on the list. Her son is also battling cancer. She will think about a claim.

"The only reason I would do that is so something like this isn't allowed to happen to anyone else," she said.

Patient Chris David says he uses at least four or five of the drugs on the list. They pay a percentage after insurance so they will look at a claim. Chris says it's like "robbery without a gun."

Dr. Orentlicher says the case shows a need for posted, clear drug prices. "More transparency, open and accurate and valid so people can know what the actual prices are and what they are going to pay."

The pending class action lawsuit applies to insured customers who paid co-payments for the drugs between August 2001 and March 2005. It could also cover uninsured customers who paid full price for the drugs between August 2001 and January of this year.

See a list of drugs included in the settlement and find out how to file a claim.