of the AARP workforce logged nearly
14,000 hours of caregiving leave. Workers of all ages have used the program,
with the majority over the age of 50.
AARP employee John Griffin’s story is
typical of the situation faced by many
of today’s workers. “I had heard of the
[AARP leave] program but didn’t think
much about it until the day the call came
from my sister saying our father had
taken a dramatic turn for the worse in his
battle with heart disease and that I needed
to basically drop everything, fly down
to Florida, and take care of determining
what type of care Dad was going to need
and arrange for it,” says Griffin, 52. “It
sure was a relief to find out that because
of AARP’s Caregiving Leave program, I
would have no worries job-wise and be
free to take the time I needed to set Dad
up with the hospice care that we decided
would be best for him.”
Employers can find helpful infor-
mation in Determining the Return
on Investment: Supportive Policies
for Employee Caregivers, a report
from AARP and the Respect a Care-
giver’s Time Coalition. It found that
there is great interest—particularly
among working women—in having
more workplace flexibility and sup-
port. The report also supports a busi-
ness case for helping people juggle the
conflicting demands of the workplace
Millions of American workers have a
fundamental obligation to care for aging
loved ones, but employers can’t afford
to sit back and wait for new laws to be
passed. They need to take the lead on
paid caregiver leave. It’s a benefit they
can’t afford not to offer. It’s also the right
thing to do.
Scott Frisch is executive vice president
and chief operating officer at AARP in
There is great interest—particularly
among working women—in having
more workplace flexibility and support.
If you paid for Lidoderm or its generic equivalent (lidocaine patch 5%) for your members,
employees, insureds, participants, or beneficiaries, a class action lawsuit may affect your rights.
You may be affected by a class action lawsuit against Endo Pharmaceuticals Inc., Teikoku Pharma USA, Inc., Teikoku Seiyaku Co., Ltd., Actavis, Inc., Watson
Laboratories, Inc., and Allergan, PLC (together “Defendants”). The lawsuit is brought by consumers and third-party payors of branded and generic Lidoderm (“
End-Payors”) who allege that Defendants violated state laws by entering into an agreement to delay the availability of generic versions of Lidoderm. End-Payor Plaintiffs
seek reimbursement of the amounts allegedly overcharged. Defendants deny any wrongdoing and the Court has not found that Defendants violated any law.
ARE YOU AFFECTED?
As a third-party-payor, you may be a member of the End-Payor Class if, in AZ, CA, FL, KS, MA, ME, MN, NC, ND, NH, NM, NY, NV, SD, TN, WI, and/or
WV and for consumption your insureds, plan participants or beneficiaries, you paid and/or provided reimbursements for some or all of the purchase price of (i)
branded Lidoderm for the time period August 23, 2012 through September 14, 2013; and/or (ii) AB-rated generic Lidoderm for the time period September 15,
2013 through August 1, 2014.
If not already included in the above categories, the End-Payor Class also includes third-party payors CVS Caremark, Cigna, Envision Pharmaceutical Services,
MedImpact Healthcare Systems, Inc., Comprehensive Health Management, Inc. Part D, and Express Scripts Senior Care to the extent they provided, under their
Medicare Part D plans, reimbursements for some or all of the price of branded Lidoderm purchased in Class States for the time period September 15, 2013 through
August 1, 2014.
The End-Payor Class Does NOT Include: (a) Defendants and their officers, directors, management, employees, subsidiaries, and affiliates; (b) those who, after
September 15, 2013, paid and/or provided reimbursements for branded Lidoderm and did not purchase or reimburse for generic Lidoderm, except third-party
payors CVS Caremark, Cigna, Envision Pharmaceutical Services, MedImpact Healthcare Systems, Inc., Comprehensive Health Management, Inc. Part D, or
Express Scripts Senior Care for their Part D insurance; (c) government entities, other than government-funded employee benefit plans; (d) fully insured health
plans (i.e., plans that purchased insurance that covered 100 percent of the plan’s reimbursement obligations to all of its members); (e) pharmacy benefit managers;
and (f) the judges in this case and members of their immediate families.
YOUR RIGHTS AND OPTIONS
DO NOTHING AND STAY IN THE END-PAYOR CLASS: If you do nothing you will stay in the End-Payor Class and will be permitted to share in any
recovery that may occur in this case. You will be bound by past and any future court rulings on, or settlement of, the claims against Defendants, and you will not
be able to pursue your own claims against them.
EXCLUDE YOURSELF FROM THE END-PAYOR CLASS: If you exclude yourself from the End-Payor Class (i.e. opt out), you will not be entitled to any
recovery that may occur in this case. You will not be bound by any past or future rulings against Defendants and may pursue your own claims against Defendants.
The deadline to exclude yourself from the End-Payor Class is: September 14, 2017. This will be the only opportunity for third-party payors to exclude themselves
from the End-Payor Class.
WANT MORE INFORMATION?
Go to the website, call toll-free, or write to In re: Lidoderm Antitrust Litigation Notice Administrator, c/o KCC Class Action Services, P.O. Box 43491, Providence,
RI 02940-3491, for more information, including more complete information regarding End-Payor Class membership and your rights.
A trial in this case, In re Lidoderm Antitrust Litigation, No. 3:14-md-02521, is currently scheduled to begin on December 4, 2017. You may hire your own lawyer
at your own expense, but you do not have to.