Faulkner, et al. v. Acella Pharmaceuticals, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA

Faulkner, et al. v. Acella Pharmaceuticals, LLC, No. 2:22-CV-092-RWS

If you had a prescription for NP Thyroid® dispensed to you between May 12, 2018, and April 30, 2021, you could receive a payment from a proposed Class Action Settlement.

A Federal Court has authorized this Notice. This is not a solicitation from a lawyer

A proposed Class Action Settlement (the “Settlement”) will require the manufacturer of NP Thyroid^®, Acella Pharmaceuticals, LLC (“Acella”), to provide payments of at least $10 and as much as $50 to eligible Class Members.
- Each eligible Class Member who submits a claim will be entitled to the lesser of $50 dollars, or the claimant’s actual out-of-pocket expenditures, for a 90-day supply of NP Thyroid^® dispensed to the claimant between May 12, 2018, and April 30, 2021, subject to the terms below.
- Eligible Class Members will be entitled to receive $10 dollars if they had no out-of-pocket expenditures or if their out-of-pocket payments fall below that amount, for a 90-day supply of NP Thyroid^® dispensed to the claimant between May 12, 2018, and April 30, 2021, subject to the terms below.
To qualify for monetary compensation, a person must:
- Have had a prescription for NP Thyroid^® dispensed to that person between May 12, 2018, and
  April 30, 2021, and
- Between June 1, 2024 and November 30, 2024, submit a claim including documentation showing the prescription was dispensed, including either an original receipt received upon dispensing of the prescription, a copy of the receipt, similar pharmacy records reflecting the prescription was dispensed, or documentation from the person’s insurance provider or pharmacy benefits manager indicating that the prescription was dispensed, and
- If the person seeks a refund of specific out-of-pocket expenses up to $50, submit documentation of the type described above that shows the amount(s) paid by the claimant for NP Thyroid^® prescriptions, and
- Have not already received a refund from Acella for any purchase associated with the May 2020, September 2020 or April 2021 recalls and, additionally, must not request a refund through a different program for any purchase within the class period.

“Person” includes only natural persons (i.e., human beings) and does not include entities, such as insurance providers.

Through the Settlement Agreement, Acella has agreed to reimburse each member of the Settlement Class’s out-of-pocket prescription costs, up to the lesser of $50 dollars or a 90-day supply. Acella has also agreed to pay $10 to members of the Settlement Class who had no out-of-pocket payments for NP Thyroid^® or if their out-of-pocket payments fall below that amount. Settlement Class Members are not eligible if they have previously received a refund from Acella for any purchase associated with the May 2020, September 2020 or April 2021 recalls, or request a refund through a different program for any purchase within the class period. Note: Settlement Class Members may be entitled to compensation above the $50 maximum refund amount through a supplemental refund program for NP Thyroid^® associated with the May 2020, September 2020 and April 2021 recalls, with proof of purchase of product that was impacted by one of the recalls,
if they have not previously received a refund for any purchase impacted by the same recall; however, Settlement Class Members may not participate in both programs.
This lawsuit seeks compensation for Class Members’ economic loss—in other words, the amount paid for NP Thyroid^®. The lawsuit does not seek, and the Settlement does not compensate, Class Members for any personal injuries or wrongful death they have allegedly suffered from taking NP Thyroid^®. Neither the lawsuit nor this Settlement have any effect on an individual’s ability to bring a separate lawsuit seeking compensation for personal injury or wrongful death allegedly caused by NP Thyroid^®.
Your legal rights are affected whether you act or do not act. Read this Notice carefully.
These rights and options—and the deadlines within which to exercise them—are explained in this Notice.
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made only if the Court approves the Settlement and after any appeals are resolved. Please be patient.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
STAY IN THE SETTLEMENT CLASS AND SUBMIT A CLAIM BETWEEN JUNE 1, 2024 AND NOVEMBER 30, 2024	The only way to get a payment. To receive monetary benefits, you will need to timely submit a claim to: AF9 Claims Administrator P.O. Box 301172 Los Angeles, CA 90030-1172. However, if the Court approves the Settlement, you will be bound by the terms and release contained in the Settlement even if you do not submit a claim, unless you exclude yourself as described below.
EXCLUDE YOURSELF BY APRIL 22, 2024	Get no payment. This option allows you to pursue your own lawsuit against defendant Acella or any of the other released parties about the legal claims in this case. It also is the only option that allows you to ever be part of any other lawsuit against Acella or any of the other released parties under the Settlement Agreement for any economic injury related to the purchase of NP Thyroid® between May 12, 2018, and April 30, 2021, caused by the alleged conduct in this case.
OBJECT BY APRIL 22, 2024	Write to the Court if you do not like the Settlement.
GO TO A HEARING ON MAY 14, 2024	Ask to speak in Court about the fairness of the Settlement. If you wish to speak at the hearing, you must write to the Court by mailing a written objection letter that includes a statement that you wish to attend and speak at the Hearing no later than April 22, 2024. The long-form notice available on the settlement website explains how to complete and submit a Notice of Intention to Appear along with your Objection. You cannot speak at the hearing if you excluded yourself.
DO NOTHING	If you do nothing, you will remain in the Class Action as a Class Member and will not, in the future, be able to pursue any other lawsuit against Acella or any of the other released parties for any economic injury related to the purchase of NP Thyroid^® between May 12, 2018, and April 30, 2021, caused by the alleged conduct in this case. If you do not timely file a complete Claim Submission with the Claims Administrator, you will not receive compensation. The deadline to file a Claim Submission is November 30, 2024