Flonase Class Action Settlment

The settlement covers Flonase (or generic equivalents) purchases made by consumers or businesses between 5/19/2004 and 3/31/2009.

To be eligible for the settlement you need to have actually paid for Flonase (an allergy medication) or a generic. You must have either paid for the drug in it’s entirety out of pocket, or paid for part of the drug because of a co-pay or deductible.

The settlement will divide the $35 million fund (less expenses) among people that filed a claim based on the amount of their purchase.

We predict that the vast majority of the fund will be claimed by health insurance companies and other third-party payors (because they paid for the majority of the medication and they will be more likely to be able to provide documentary evidence than the average consumer). As a result, we guestimate the amount that can be claimed by average consumer will be relatively low, in the vicinity of $5.

REQUIRED. You need to provide either a receipt, cancelled check, or credit card statement, an EOB (Explanation of Benefits – a form insurance companies usually send you), or pharmacy records.

Requiring this proof for a purchase made nearly a decade ago is ridiculous and makes a mockery of the class action claims process. This virtually guarantees that no consumers can make claims, and that virtually all the funds will go to health insurers and other third party payers.

The plaintiffs allege GSK delayed the availability of generic Flonase by filing dodgy petitions with the FDA designed to delay the approval of generic versions of Flonase. It is alleged that this resulted in generic Flonase being delayed and consumers being compelled to purchase the higher priced Flonase which enjoyed a monopoly as a result of this unlawful activity.

GSK denies these allegations. Its attorneys made the cute argument that the First Amendment (the right to free speech) protects the citizen petitions that it filed. We are sure that filing fake petitions that pose as real consumers is exactly what our nation’s founding fathers had in mind when they enshrined the right to free speech in the Constitution.

Before the court decided the case, GSK settled with the plaintiffs.