The Court has provided Consumers an extension for the submission of Claims, Requests for Exclusion, and Objections in this Proposed Settlement.

This extension is for Consumers only – not for Third-Party Payors.

There is a Proposed Settlement with Defendants Merck Serono International, S.A., Serono Laboratories, Inc., and EMD Serono, Inc. (“Serono Defendants”), in two consolidated class action lawsuits pending in the U.S. District Court for the District of Massachusetts. The names of the lawsuits are Government Employees Hospital Association, et al. v. Serono International, S.A., Serono Laboratories, Inc., Serono, Inc., RJL Systems, Inc., and Rudolph J. Liedtke, C.A. No. 05-cv-11935 (PBS) (D. Mass.), and Eugene Francis v. Serono Laboratories, Inc., Serono, Inc., RJL Systems, Inc., and Rudolph J. Liedtke, C.A. No. 06-cv-10613 (PBS) (D. Mass.)

What is this Lawsuit About?

Serostim is a drug approved by the FDA to treat HIV/AIDS patients with wasting or cachexia. The lawsuits claim, among other things, that the Serono Defendants encouraged physicians to prescribe Serostim:

  • based on diagnostic criteria that were not approved by the FDA, and
  • for purposes other than those indicated.

The lawsuits also claim that the Serono’s Defendants’ conduct caused physicians to prescribe the drug, and caused consumers to pay for the drug, under circumstances and for purposes for which it was not indicated.

Am I a Member of the Class?

The Parties in this case have agreed to, and the Court has preliminarily approved, the Proposed Settlement that includes a national class of individuals who paid for Serostim. The Class includes:

  • Consumers, who paid the full amount or an insurance co-payment for Serostim.

You could be a member of the Class.

Summary of Your Rights and Choices

Your Legal Rights and Options in this Settlement

You May:
Submit A Claim Form The only way to get a payment.POSTMARKED BY SEPTEMBER 27, 2007*PLEASE NOTE: The Court has provided Consumer Class Members with an extension to file a claim for this Proposed Settlement.
Exclude Yourself Get no payment. This is the only option that allows you to start, or remain part of any other lawsuit against the Defendants about the promotion of Serostim or other legal claims in this case.POSTMARKED NO LATER THAN SEPTEMBER 27, 2007

*PLEASE NOTE: The Court has provided Consumer Class Members with an extension to opt-out of this Proposed Settlement.

Object Write to the Court about why you don’t like the settlement.POSTMARKED NO LATER THAN SEPTEMBER 27, 2007

*PLEASE NOTE: The Court has provided Consumer Class Members with an extension to object to this Proposed Settlement.

Go to a Hearing Ask to speak in Court about the settlement.
Do Nothing Get no payment. Give up your rights to be part of any other lawsuit against the Defendants about the promotion of Serostim or other legal claims in this case.