BuSpar Settlement Claim Deadline Approaches

By: Source: AARP Bulletin Today Date Posted: 2003-10-08 07:59:00-04:00

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Consumers who took the widely prescribed anti-anxiety drug BuSpar or its generic, buspirone, can now file to collect their share of a major $42 million antitrust settlement with Bristol-Myers Squibb Co.

A federal court gave preliminary approval to the settlement in April after a lawsuit was brought by scores of litigants—some represented by AARP—who accused the drugmaker of manipulating patent laws to block the manufacture of cheaper generic versions of its drugs.

"Consumers were forced to pay artificially high prices for these drugs because competition was stifled," says Stuart Cohen, AARP's managing attorney.

Two generic drug companies that were accused of working with Bristol-Myers to limit competition also agreed to the settlement. None of the companies admitted fault.

The settlement came after 35 state attorneys general, generic drugmakers, drug stores and consumers filed lawsuits. AARP attorneys and several law firms, working with the Prescription Access Litigation project, represented some of the consumer claims.

Court papers estimate 1 million consumers purchased the drugs, and millions more who had insurance made copayments for them.

Consumers who bought either BuSpar or generic buspirone from Jan. 1, 1998, to Jan. 31, 2003, and want to take part in the settlement must file a claim by Oct. 10, 2003. To obtain a claim form, call (800) 678-9587, go to the BuSpar Settlement Information Website or write to BuSpar Settlement Administrator, P.O. Box 1682, Faribault, MN 55021.

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