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Frequently Asked Questions

1. Why was a Notice issued?
A Court has approved, or “certified,” a class action lawsuit to proceed to trial.  The class action is about the prescription medications Prempro, Premarin, and Premphase and may affect you.  If you are included, you have legal rights and options before the court decides whether the claims being made against Wyeth are correct.  This notice at the link on the left explains all of these things.

2. What is this lawsuit about?
The lawsuit relates to Wyeth’s prescription medications Premarin, Prempro, and Premphase.  The lawsuit claims that Wyeth violated California laws between January 1995 and January 2003 by: 

  • Representing that Prempro, Premarin, and/or Premphase lowered cardiovascular, Alzheimers and/or dementia risk; or by,
  • Representing that Prempro, Premarin, and/or Premphase did not increase breast cancer risk.

Plaintiffs claim that these representations about the risks and/or benefits of these medications were false or misleading.  Wyeth denies that it made any misrepresentations about the risks and/or benefits of these medications.  The Court has not decided which side is correct.  The lawyers for the Class will have to prove their claims at a trial.         

3. Why is this a lawsuit a class action
In a class action, one or more people, called class representatives, sue on behalf of people who have made similar claims.  All of these people are a "class" or "class members."  One court resolves the issues for all class members, except for those who choose to exclude themselves from the class.                  

4. How do I get more information about the Court allowing this class action?
More information about why the Court is allowing this lawsuit to be a class action is available at the Important Court Documents link on the left.     

5. Who is included in the Class
You are included in this case as a Class Member if you: 

  • Lived in California between January 1995 and January 2003;
  • Bought Premarin, Prempro, and/or Premphase in California between January 1995 and January 2003;
  • And are not claiming any personal injury from using Premarin, Prempro, and/or Premphase. 

 6. What are Plaintiffs asking for?
Plaintiffs are seeking a refund of the entire purchase price of Premarin, Prempro, and/or Premphase sold in California during the relevant period on behalf of themselves and the Class.  Plaintiffs are also seeking any profits that Wyeth made from the sale of these products to the Class and any other penalties or compensation permitted under the laws of the State of California.  Wyeth’s position is that it did not violate the law or engage in misrepresentations and that Plaintiffs are not entitled to recover anything under the laws of the State of California.             

 7.  Is there money available now?        
No money is available now because the Court has not yet decided whether Wyeth has done anything wrong.  There is no guarantee that any money or benefits will ever be awarded to the Class.  You can register at the link on the left to be notified about your rights including whether you may file a claim for a cash payment if money or benefits are ever awarded by the Court.

8. What happens if I do nothing at all?
You don’t have to do anything now if you want to remain a member of the Class.  If you stay in the Class and the Plaintiffs are awarded money or benefits by the Court, you can be notified about how to file a claim for those benefits by registering at the link on the left.     
However, if you stay in the lawsuit, you will be legally bound by all of the decisions the Court makes.  No matter whether Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue, Wyeth as part of any other lawsuit about the same legal claims in this lawsuit, ever again. 

9. Why would I ask to be excluded?
If you would like to pursue your own lawsuit or claim against Wyeth for the claims in this case, or if you simply don’t want to be part of this lawsuit, you need to ask to be excluded from the Class. 
If you exclude yourself from the Class –sometimes called “opting-out” of the Class – you will not be legally bound by the Court’s judgments in this class action, and you may or may not be able to later sue Wyeth for the claims being made in the case.  However, if Plaintiffs win at trial and money or benefits are awarded to the Class, you will not receive anything.
If you wish to file your own lawsuit against Wyeth after you exclude yourself, you’ll have to hire and pay your own lawyer (if you decide to retain one), and you’ll have to prove your claims.

10. How do I ask to be excluded?
To ask to be excluded, you must send a letter by mail, stating that you want to be excluded from Krueger v. Wyeth, Inc., No. 03cv2496.  Be sure to include your name, address, telephone number, and signature.  You must mail your Exclusion Request letter by December 19, 2012 to California Hormone Replacement Therapy Class, PO Box 2839, Faribault, MN 55021-8643.

11. How and when will the Court decide who is right?
The Plaintiff will have to prove the Class claims at a trial that will take place at the U.S. District Courthouse for the Southern District of California, 940 Front Street, San Diego, CA, 92101.  There is no guarantee that the Plaintiff will win any money or benefits for the Class.
The trial date has not yet been set.  Check this website to be kept informed of the trial date.

12. Will I get money after the trial?
If the Plaintiffs are awarded money or benefits as a result of the trial, and you’re registered to receive updates about this case, you will be notified about how to file a claim or what your other options are at that time.  These things are not known right now.  Court orders and other important information about the case will be posted on this website as they become available.  You can access the website, whether you stay in the lawsuit or exclude yourself, to obtain current information about this case.

   

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