Frequently Asked Questions

A federal court directed that this Notice be provided to You because You have a right to know about this class action Lawsuit and about all of Your rights and options. This Notice explains the Class and Subclasses that have been certified, the Lawsuit, Your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Court presiding over this case is the United States District Court for the District of New Jersey. The Honorable Robert B. Kugler (“the Court”) is overseeing the class actions in the Lawsuit as part of a Multi‐ District Litigation (“MDL”) called In re: Valsartan, Losartan, and Irbesartan Products Liability Litigation, Case No. 1:19‐md‐02875‐RBK‐SAK. The entities that filed the Lawsuit are called the “Plaintiffs” and the companies they sued are called the “Defendants.” This part of the class action Lawsuit relates only to Valsartan, and does not involve Losartan or Irbesartan.

The Lawsuit alleges the Defendants violated state laws by manufacturing, distributing, producing, and/or selling Valsartan or VCDs that were contaminated with probable human carcinogens in the form of nitrosamines, NDMA and NDEA. Defendants deny all allegations of fault, wrongdoing, or liability made in the Lawsuit, have denied that the amounts of NDMA and NDEA in the Valsartan and VCDs at issue were or could be carcinogenic, and have asserted various legal and factual defenses.

In a class action, one or more individuals or entities sue on behalf of other people with similar claims.  These individuals or entities are known as “Class Representatives” or “Plaintiffs.” Together, the individuals or entities included in the class action are called a “class” or “class members.” One court resolves a class action lawsuit for all class members, except for those who opt out of the litigation. The Plaintiffs and the Defendants are the Parties (the “Parties”) in the Litigation. The names of the Plaintiffs for the TPP Class are listed in question 17 and the Defendants for the TPP Classes are listed in question 5.

No money or other benefits are available now because the Court has not decided the merits of the Plaintiffs’ claims or whether the Defendants have valid defenses to those claims , and the Parties have not reached any Court‐approved settlement. There is no guarantee that money or benefits ever will be  obtained. If money or benefits become available either by way of settlement or if the Plaintiffs prevail at trial or through legal motions, class members may have to take additional steps, such as submitting a claim form or providing other evidence, in order to determine whether they are eligible to recover any money or benefits. In that event, You will be notified of whatever additional steps You must take. You can learn more details about the Lawsuit by reviewing this Case Website. You are not required to but may also register here to be informed about case updates.

TPP Class Defendants

Manufacturer Defendants:

• Zhejiang Huahai Pharmaceutical Co., Ltd.; Huahai US Inc.; Prinston Pharmaceutical Inc. d/b/a Solco Healthcare LLC; Solco Healthcare US, LLC, Torrent Pharmaceuticals Ltd.; Torrent Pharma Inc.; Teva Pharmaceutical Industries Ltd.; Teva Pharmaceuticals USA, Inc.; Actavis Pharma, Inc.; Actavis, LLC.; Mylan Laboratories, Ltd.; Mylan N.V.; Mylan Pharmaceuticals, Inc.; Hetero Labs, Ltd.; Hetero Drugs, Limited; Hetero USA Inc.; Camber Pharmaceuticals, Inc.; Aurobindo Pharma, Ltd.; Aurobindo Pharma USA, Inc.; and Aurolife Pharma, LLC

Wholesaler Defendants

• Cardinal Health, Inc.; McKesson Corporation; and AmerisourceBergen Corporation

All Third Party Payors that, from at least January 1, 2012 through the date of final recall as of November 10, 2021, paid any amount of money in the United States and its territories and possessions for a VCD that was manufactured by any Active Pharmaceutical Ingredient or Finished Dose Defendant, and distributed or sold in the United States by any Active Pharmaceutical Ingredient, Finished Dose, or Wholesaler Defendant. The detailed TPP Class and Subclass definitions are available here.

No. If You as an entity are a member of the TPP Class, You cannot be a member of the Consumer Economic Loss Class or Medical Monitoring Class, although You can be a member of more than one Subclass depending on the state or states in which You paid for Valsartan or VCDs.

You may be a member of different Subclasses for different Defendants. If You do not exclude yourself, You will remain a part of each applicable Subclass for each Defendant, and You will be bound by any future judgment(s) of the Court as to each Subclass and will be eligible to participate in any future settlement or judgment for each Subclass.

Yes. Excluded from all of the TPPs Subclasses are the following: (i) TPP Defendants and their affiliated entities; (ii) TPP Defendants and their assigns, and successors; (iii) All federal and state governmental entities except for cities, towns, municipalities, or counties with self‐funded prescription drug plans; (iv) Pharmacy Benefit Managers (“PBMs”); (v) TPPs whose only VCD purchases, who would otherwise meet this Class Definition, were for Hetero Defendants’ VCDs dispensed prior to May 1, 2018; and (vi) All TPPs who properly execute and file a timely request for exclusion.

If you need help in determining Your eligibility, you can review this case website.  You can also call 1-866-875-9644 or email info@ValsartanMedicationLawsuit.com for more information. If you believe you are eligible, you can complete a simple form here to be informed about case updates. This will help us contact you in the event of any future settlement or judgment.

Yes, You can choose to opt‐out, or exclude yourself, from the Lawsuit entirely. If You do so, You will not be eligible to participate in or receive any benefits from any potential future judgments or settlements awarded to any Subclass by the Court. You will retain Your right to sue the Defendants yourself, but those rights may be time limited, and You should consult Your own attorney regarding Your ability to bring Your own lawsuit if You opt‐out from the Class and Lawsuit.

If You want to keep Your right, if any, to separately sue the Defendants, You must take steps to exclude yourself from the Lawsuit. This is called “opting out” of the Class. The deadline for requesting exclusion from the Lawsuit is January 31, 2024.

To exclude yourself, You must submit a written request for exclusion that includes the following information:

• The name of the Lawsuit: In re: Valsartan, Losartan, and Irbesartan Products Liability Litigation, Case No. 1:19-md-02875-RBK-SAK (D.N.J.);
• Your name and current address;
• Your personal signature; and
• A statement clearly indicating Your intent to be excluded from the Lawsuit.

A printable exclusion request form is available here. Your request for exclusion must be mailed to the address below so it is postmarked or received no later than January 31, 2024.

Valsartan Class Administrator
ATTN: Exclusion Request
PO Box 3376
Baton Rouge, LA 70821

You may also email a scanned copy of Your signed exclusion request form to info@ValsartanMedicationLawsuit.com. You must download, print, complete, and sign the PDF exclusion form found on the Case Website to qualify for email submission of Your exclusion request.

By electing to be excluded: (1) You will not share in any potential recovery that might be obtained by the Subclasses as a result of trial, legal motion, or settlement in the Lawsuit; (2) You will not be bound by any decision in the Lawsuit that is either favorable to the Classes or favorable to the Defendants; and (3) You may present any claims You have against the Defendants by filing Your own lawsuit.

No. If You exclude yourself, You are telling the Court that You do not want to be part of the TPP Class or Lawsuit. You can only get a payment through this Lawsuit if You stay in the Lawsuit and a final judgment in favor of the TPP Class (either by settlement or trial verdict) approves economic loss payments at a later date.

No. If You stay in the Lawsuit (i.e., do nothing or do not exclude yourself), You give up any right to separately sue any of the Defendants for the claims made in this Lawsuit.

Yes, if You do not exclude yourself by opting out. The Court has appointed the following law firms to represent the Classes (“Class Counsel”). You will not be charged for their services.

TPP Class Counsel

• Jorge Mestre, Rivero Mestre LLP
• Gregory Hansel, Preti Flaherty Beliveau & Pachios Chartered LLP

If Class Counsel achieves a recovery for any of the Classes, for example by way of settlement or by trial verdict and judgment, the Court will be asked to approve reasonable attorneys’ fees for, as well as reimbursement of expenses to, Class Counsel and other Court‐appointed Counsel who are members of the Plaintiffs’ Executive Committee and the Plaintiffs’ Steering Committee appointed by the Court in the MDL and who have advanced time and money on behalf of the Classes. If the Court grants Counsels’ requests, fees and expenses would either be deducted from any money obtained for the Classes, or the Court may, if applicable state law permits, order the Defendants to pay attorneys’ fees and costs in addition to any damage award to the Classes. Class members will not have to pay any attorneys’ fees or expenses themselves, because any fees or expenses paid will only be taken out of money obtained from Defendants, and only to the extent approved by the Court prior to their payment.

If You do not exclude yourself, you do not need to hire Your own lawyer because Class Counsel works for You. If You want to be represented by Your own lawyer, You may hire one at Your own expense and have them appear on Your behalf in the Lawsuit.

This Lawsuit was brought by TPPs or the assignee of TPPs on behalf of classes of other entities. Those TPPs appointed by the Court to represent a class are called Class Representatives and act to represent the interests of all other TPPs in the class, called class members. The TPP Class Representatives appointed by the Court are:

TPP Plaintiffs:

• MSP Recovery Claims, Series LLC (“MSPRC”)
• Maine Automobile Dealers Association, Inc. Insurance Trust (“MADA”)

If the claims against the Defendants are not resolved by a settlement or otherwise at some future date, Class Counsel and other Court‐appointed counsel who are members of the Plaintiffs’ Executive Committee and the Plaintiffs’ Steering Committee in the MDL will have to prove claims alleged on behalf of the TPP Class at trial. There is no guarantee that Plaintiffs will win, or that they will get any money or other benefits for the TPP Class. Any judgment will be binding on all class members who have not opted out, regardless of who wins. There are no Losartan or Irbesartan claims included in the certified Class at this time. Those claims will be addressed at a later time.

You do not need to attend the trial. Class Counsel and other Court Appointed Counsel who are members of the Plaintiffs’ Executive Committee and the Plaintiffs’ Steering Committee will present the case on Your behalf, and counsel for the Defendants will present Defendants’ defenses. You and/or Your own lawyer may attend the trial at Your own expense. If any Class to which You belong obtains money or benefits as a result of the trial or a settlement, You will be notified about how to participate. We do not know how long this Lawsuit will take but will continue to update the website as information is received. Visit the Case Website to register to be informed about case updates.

If You do nothing, You will automatically be part of the Lawsuit if You qualify as a class member. Plaintiffs and their attorneys will act as Your representative and counsel, and if they prevail in the Lawsuit or a settlement is reached and You are confirmed as a class member, You must file a claim for Your proportionate share of any money or other benefits obtained for the Class. If the Defendants prevail on any claims, however, You will be bound by that judgment and will not be able to separately sue the Defendants regarding the claims brought in the Lawsuit.

For more information about the Lawsuit, including assistance in determining whether You qualify as a Class Member of any of the Subclasses for the TPP Class, please review this Case Website. You may contact the Class Administrator by email at info@ValsartanMedicationLawsuit.com, by phone at 1-866-875-9644 or by mail at:

Valsartan Class Administrator
PO Box 3376
Baton Rouge, LA 70821

Please do not write or call the Court or the Clerk’s Office for information.