A Court authorized the Notice because you have a right to know about proposed class action Settlements and about all of your options, before the Court decides whether to give final approval to the Settlements. This Notice explains the class action lawsuit, the Settlements, and your legal rights.

In a class action, one or more people called class representatives sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

The lawsuit claims that the Defendants kept the prices of Lovenox® and generic enoxaparin higher than they otherwise would have been by manipulating the generic approval process to bring within the scope of Defendant Momenta’s patents the testing of enoxaparin that is required to ensure every batch meets FDA standards. This means that although Momenta did not develop enoxaparin, it tried to use its patented processes for testing generic enoxaparin to prevent other generic drug manufacturers from selling it. The lawsuit also claims Momenta collaborated with Sandoz and knew that developing a scheme to monopolize the market would lead to record profits.

Defendants deny these claims and deny that they did anything wrong. No court or other authority has found that Defendants engaged in any wrongdoing.

Plaintiffs have agreed to settle with the Defendants. The lawsuit is currently pending in the United States District Court for the Middle District of Tennessee before Chief Judge Waverly D. Crenshaw, Jr. and Magistrate Judge Barbara D. Holmes. The Court has set a Final Approval Hearing for the proposed Settlements on May 29, 2020, at 1:00 p.m. Central time, at the United States District Court for the Middle District of Tennessee, Nashville Division, 801 Broadway, Room A859, Nashville, Tennessee 37203. The Court may continue the Final Approval Hearing without further notice so please consult www.dvtmedslawsuit.com for any updates on deadlines.

You are a Class Member if you fit the Class definition below:

The Class includes:

If you are still not sure whether you are included, you can get more information by contacting the Notice and Claims Administrator using the contact information at 1-888-208-9630 or by email at info@dvtmedslawsuit.com.

The Defendants settled with Plaintiffs for a total of $120 million. After deducting attorneys’ fees, expenses of the litigation, administrative costs, and payments to Class Representatives, the net fund remaining will be distributed to uninsured consumers, hospitals, and third-party payors who submit valid and timely Claim Forms. For more details, please see the Distribution Plan, which is available on the Court Documents page of this website.

Recoveries will generally be calculated based on how much each Class Member paid for Lovenox® or generic enoxaparin from September 21, 2011, through September 30, 2015, compared to the amount paid by all other Class Members who file valid and timely Claim Forms. The calculation may differ depending on whether the purchase was by a hospital, third-party payor, or uninsured person, and depending on whether the purchase was of Lovenox® or generic enoxaparin. Additional details of how your recovery will be calculated can be found in the proposed Distribution Plan, which is available on the Court Documents page of this website. Please note that the Court has the authority to modify the proposed Distribution Plan as part of the approval process, so the calculation of your claim might change.

To be eligible to receive a payment if the Court approves the Settlements, you must complete and submit a valid Claim Form. Claim Forms should be mailed to the address below and must be received by September 1, 2020. You can get a Claim Form on this website or by calling 1-888-208-9630 or writing to the address below and requesting a Claim Form.

If you do nothing, you won’t get any money from the Settlements and you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendants for the claims being resolved by the Settlements.

If the Settlements become final, you will be releasing the Defendants from all the claims identified in the Settlement Agreements. The Settlement Agreements are available on the Court Documents page of this website. The Settlement Agreements describe the released claims with specific descriptions, in accurate legal terminology, so read them carefully.

Yes. If you are a Class Member and you did not request to exclude yourself from the Class, you may object to any aspect of the Settlements, including the fairness of the Settlements, the Distribution Plan, and/or Class Counsel’s requests for attorneys’ fees, expenses, and Class Representatives’ incentive awards.

To object to the Settlements, you (or your lawyer if you have one) must file a written objection with the Court and send the objection to the counsel identified below. You must file your objection on or before March 16, 2020. Your written objection can include any supporting materials, papers, or briefs that you want the Court to consider. Your written objection must include:

Yes. The Court appointed Lieff Cabraser Heimann & Bernstein, LLP as “Class Counsel” to represent the interests of the Class. Their contact information is below:

Class Counsel will request an award from the Court for attorneys’ fees of up to 33% of the total amount of the Settlement Fund plus any accrued interest, plus reimbursement for the costs and expenses they advanced in litigating the case, which are currently over $2.1 million. All awards for attorneys’ fees and expenses shall be paid from the Settlement Funds after the Court approves them.

Class Counsel will also request a service award of up to $200,000 to be paid to each of the Class Representatives who worked on behalf of the entire Class to achieve the results of the Settlements.

The Court will hold a Final Approval Hearing on May 29, 2020, at 1:00 p.m. Central Time, at the United States District Court for the Middle District of Tennessee, Nashville Division, 801 Broadway, Room A859, Nashville, Tennessee 37203. The Court may reschedule the Final Approval Hearing without further written notice, so you should check www.dvtmedslawsuit.com or call 1-888-208-9630 if you want to find out if the Final Approval Hearing has been rescheduled.

The purpose of the Final Approval Hearing is to:

No. Attendance is not required. Class Counsel is prepared to answer questions on your behalf. Class Members who filed and served written objections may (but do not have to) appear at the Final Approval Hearing, in person or through an attorney hired at their own expense

Yes, anyone can attend the Final Approval Hearing and watch. If you want to appear at the Final Approval Hearing and object, in person or through an attorney hired at your own expense, you need to file a Notice of Intent to Appear with the Court, as well as mail the Notice of Intent to Appear to the addresses listed in Question 13 so that they are received by May 15, 2020. The Notice of Intent to Appear must contain the following information:

This Notice only summarizes the Settlements. You can get a copy of the Settlement Agreements, Distribution Plan, Claim Forms, and other important documents on this website. You may also write to Enoxaparin Antitrust Settlement, c/o A.B. Data, Ltd., P.O. Box 173090, Milwaukee, WI 53217, email info@dvtmedslawsuit.com, or call the Notice and Claims Administrator at 1-888-208-9630.

Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Clerk’s office. The address is United States District Court for the Middle District of Tennessee, Nashville Division, 801 Broadway, Room A859,, Nashville, Tennessee 37203.