Ashley Milano  |  August 26, 2016

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

Cipro class action settlement

A $100 million settlement with Hoechst Marion Roussel Inc., Watson Pharmaceuticals Inc. and The Rugby Group Inc. (the “HMR defendants”) has been reached in a class action lawsuit involving the price of the antibiotic drug Cipro.

The lawsuit claims that Bayer, Barr Laboratories Inc., Hoechst Marion Roussel Inc., Watson Pharmaceuticals Inc., and The Rugby Group Inc. violated antitrust and consumer protection laws by agreeing not to compete with each other and keeping lower-cost generic versions of Cipro off the market.

Cipro is an antibiotic drug prescribed by doctors. The lawsuit claims that defendants violated California’s antitrust and consumer protection laws in connection with the sale of Cipro in California, and that defendants agreed not to compete with each other, keeping lower-cost generic versions of Cipro off the market.

Defendants, including the HMR defendants, deny these claims and say their conduct was legal.

Bayer reached a $74 million settlement in this litigation in 2013.

Now, the HMR defendants have agreed to settle these cases. One remaining defendant, Barr, has not agreed to settle, so the lawsuit will continue.

More money may become available in the future as a result of additional settlements with and/or a trial against Barr, but there is no guarantee this will happen.

No one is claiming that Cipro is unsafe or ineffective.

Class Members who want to object to the terms of the Cipro class action settlement must do so no later than Sept. 23, 2016.

If you are a Class Member, you cannot exclude yourself from the Class because the deadline to exclude yourself has passed. Requests for exclusion needed to be postmarked by Dec. 15, 2004, according to the previous Notice issued in this case.

However, as a Class Member you may choose not to submit a claim. If you choose not to submit a claim you will not receive any money or benefits from the proposed settlement.

UPDATE: March 2017, Barr Laboratories also agreed to settle this class action lawsuit. Class Members must file a Claim Form by May 31, 2017 to receive funds from the Barr Cipro settlement. 

UPDATE 2: On Jan. 28, 2019, Top Class Actions viewers started receiving checks in the mail from the California Cipro pricing class action settlement worth as much as $6,830. Congratulations to everyone who filed a claim and got PAID!

UPDATE 3: On January 13, 2020,  Top Class Actions viewers started receiving checks in the mail from the California Cipro pricing class action settlement worth as much as $116.08! Congratulations to everyone who received a 2nd distribution!

Who’s Eligible

Persons and entities who bought the prescription antibiotic drug Cipro in California between Jan. 8, 1997 and Dec. 31, 2005 are Class Members and are eligible for a payment from the settlement. The Class includes both consumers and third-party payors.

Consumer Class Members are people that paid for some or all of the cost of Cipro in California whether from a pharmacy or administered in a hospital.

These Class Members must have lived in California at any time between Jan. 8, 1997 and Dec. 31, 2005, and paid for some or all of the total cost of a Cipro prescription in California during that time.

A Third-Party Payor Class Member is an entity that is a party to a contract, issuer of a policy, or sponsor of a plan, and must pay or reimburse all or part of the cost of Cipro dispensed to its California members.

Third-Party Payor Class Members could include:

  • Entities with self-funded plans that contract with a health insurance company or other firm to serve as a third-party claims administrator to administer such entities’ prescription drug benefits
  • Insurance companies, union health and welfare benefit plans, and other organizations that paid for all or part of a Cipro prescription obtained by one of their California members between Jan. 8, 1997 and Dec. 31, 2005

Note:  You are not a Class Member if any of the following is true:

  • You previously asked to be excluded from (to opt out of) the Class in a timely and proper manner
  • You obtained Cipro through MediCal
  • You bought Cipro in order to resell it
  • You are a governmental entity
  • You paid a flat co-payment for Cipro and you would have paid the same co-payment for a generic substitute under the terms of your health insurance policy
  • You are a judge or justice who is or was assigned to hear any part of this litigation
  • You are a current or former officer or director of one of the HMR defendants, or the complaint alleges you participated in the conspiracy that is the subject of this lawsuit
Potential Award

The amount of money you can receive from the Cipro class action settlement will be based on how many people file valid claims, but it will be at least $25.

Proof of Purchase

As a Consumer, along with the completed Claim Form you must provide one of the following acceptable proofs of payment:

  • Itemized receipts, cancelled checks, or credit card statement that shows a payment for Cipro
  • An EOB (explanation of benefits) from your insurer that shows you paid for Cipro
  • Records from your pharmacy showing that you paid for Cipro

If you don’t have documentation of the Class Member’s Cipro purchases between Jan. 8, 1997 and Dec. 31, 2005, the claim may be capped at 80 percent of the amount claimed.

As a Third-Party Payor, you must provide all the information requested in Amount Claimed Section of the Claim Form. If you are claiming more than $300,000 in net purchase amounts, you must also provide data and information sufficient to show the total purchase amounts of Cipro that you are claiming.

Your claimed purchase amounts of Cipro must be net of co‐pays, deductibles, and co‐ insurance. It is mandatory that you provide the data for all categories listed below.

  1. Unique patient identification number or code
  2. NDC Number (a list of NDC Numbers is included with this Claim Form) ‐‐e.g., 00000‐0000‐00
  3. Fill Date or Date of Service ‐‐e.g., 01/01/2007
  4. Location (State) of Service ‐‐e.g., CA
  5. Amount Billed (not including dispensing fee) ‐‐e.g., 40.00
  6. Amount Paid by TPP net of co‐pays, deductibles, and co‐insurance ‐‐e.g., 20.00
  7. Plan or Group Name: If you are submitting a Claim Form on behalf of multiple Class Members, also provide the following information for each prescription:
  8. Plan or Group FEIN ‐‐provide group number for each transaction

For your convenience, an exemplar spreadsheet containing these categories is attached at the end of the Claim Form. In addition, an Excel spreadsheet can be downloaded from the settlement website.

Claim Form Deadline

5/31/2017 *UPDATED*

NOTE: The deadline to file a claim for the Bayer and HMR Cipro settlement has passed. According to the settlement website, HMR settlement claims are currently being processed. 

Case Name

Cipro Cases I & II, J.C.C.P. Nos. 4154 and 4220, in the Superior Court of the State of California, County of San Diego

Final Hearing

4/21/2017 *UPDATED*

UPDATE JUNE 22, 2017: According to the settlement website, appeals to the Cipro settlements have been filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 2: According to the settlement website, appeals to the Cipro settlements have been resolved and a motion to distribute settlement funds was granted by the court on January 10, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website
Claims Administrator

Cipro Settlement
c/o A.B. Data, Ltd.
PO Box 173017
Milwaukee, WI 53217
866-404-0135

Email: info@CiproSettlement.com

Class Counsel

Eric B. Fastiff
LIEFF CABRASER HEIMANN & BERNSTEIN LLP

Dan Drachler
ZWERLING SCHACHTER & ZWERLING LLP

Joseph R. Saveri
JOSEPH SAVERI LAW FIRM INC.

Ralph Kalfayan
KRAUSE KALFAYAN SLAVENS & BENINK LLP

Defense Counsel

David E. Everson
STINSON LEONARD STREET LLP
(On behalf of Aventis Inc., a successor in liability to defendant Hoechst Marion Roussel Inc.)

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94 thoughts onCalifornia Cipro Class Action Lawsuit Settlement

  1. Joyce A Spicer says:

    I received a total of $200.53 from 2 distributions. The first was $185, 2nd one was$15.53
    Thanks
    Joyce A

  2. James K. says:

    I received 8.36% of what I got the first time.

    1. Lisa says:

      $116.08 2nd round

  3. Nancy says:

    I received around 10 percent of what I got the first time

  4. Need to know now says:

    How much more

  5. Lala says:

    2nd Distribution 1/11/2020 in mail

    1. Yes says:

      Me too ??

      1. More than the first says:

        Post how much please

    2. Need to know now says:

      How much

  6. Jamie Lee Clark says:

    $308.08 Coming today in CA

  7. lulu says:

    Is anyone still expecting a Cipro check and hasn’t received it yet? I called this morning because I haven’t received anything but online with my claim number it tells me its a valid claim. She looked it up and told me to go online to find the amount, and as of right now there is nothing that can be done. I have to wait 7-10 business days from Jan 24, 2019, and the post office was closed over there because of the storm.

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