If You Are a Class Member
or an Heir of Class Member Who Paid the Full Amount
or an Insurance Co-Payment For Serostim
These Class Action Lawsuits May Affect Your Rights.

On December 12, 2007 the Court issued final approval for the settlement. The 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.) The Claims Administrator distributed settlement checks to Consumers on March 5, 2008.

For more information click here for the Consumer Notice

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 approved, the 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