Hagens Berman Sobol Shapiro LLP and Douglas & London P.C. Announce Proposed Class Action Settlement in Bayer Combination Aspirin Products Litigation

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Nov 01, 2012, 11:00 ET

CHICAGO, Nov. 1, 2012 /PRNewswire/ --The following statement is being issued by Hagens Berman Sobol Shapiro LLP and Douglas & London P.C. pursuant to an order of the United States District Court for the Eastern District of New York:

If you purchased either of the following Bayer Aspirin products in the U.S., you may be entitled to compensation.

Bayer® Aspirin With Heart Advantage
1/1/08 – 7/23/12

Bayer® Women's Low-Dose Aspirin + Calcium
1/1/00 – 7/23/12

WHAT IS THIS LAWSUIT ABOUT?

Plaintiffs claim that Bayer overcharged consumers for Bayer® Aspirin With Heart Advantage and Bayer® Women's Low-Dose Aspirin + Calcium ("Combination Aspirin Products") or that these products should not have been sold, because these products were not FDA-approved, could not provide all advertised health benefits and were inappropriate for long-term use. Bayer denies it did anything wrong. The Court has not decided who is right and who is wrong. The lawsuit is called In re Bayer Corp. Combination Aspirin Products Marketing & Sales Practices Litigation, No. 09-MD-2023 (BMC) (JMA) in the United States District Court for the Eastern District of New York.

WHAT ARE THE TERMS OF THE SETTLEMENT?

Under the terms of the proposed settlement, each Settlement Class Member who submits a valid claim may be entitled to money. Bayer has agreed to make payments totaling $15,000,000.00 to settle Plaintiffs' claims, including attorneys' fees and costs. For more details, write to the address or visit the website identified below.

ARE YOU AFFECTED?

If you purchased either of the listed Combination Aspirin Products in the U.S. for personal, family or household uses within the specific time stated, then you are a member of a Settlement Class. Be sure to visit the website for complete Class Member definitions.

WHAT ARE MY LEGAL RIGHTS?

You have a choice of whether to stay in any Settlement Class or not, and you must decide soon – the deadline for exclusion is December 20, 2012.

Stay In: you will be legally bound by the terms of the settlement, and you won't be able to sue Bayer—as part of any other lawsuit—for any claims arising from or related to the Combination Aspirin Products except for any personal injury claims. To receive benefits from the settlement, you must submit a valid, sworn Claim Form. The Claim Form must be postmarked or submitted online by April 29, 2013. Any member of any Settlement Class that does not timely submit a valid, sworn Claim Form will not be entitled to settlement benefits.

To file a Claim Form, visit www.BayerCombinationAspirinSettlement.com.

Get Out: If you get out, you will not receive benefits from the proposed settlement, but you will keep rights to sue Bayer for these claims, and will not be bound by the terms of the settlement. To be excluded from the Settlement Class, you must act before December 20, 2012. If you wish to be excluded from one or more of the Settlement Classes visit www.BayerCombinationAspirinSettlement.com.

Object: If you stay in any Settlement Class, you can object to the Settlement and must act by February 5, 2013.

WHO REPRESENTS ME?

The Court has appointed Hagens Berman Sobol Shapiro LLP and Douglas & London P.C. to represent the Settlement Classes. You may hire your own attorney, if you wish, at your own expense.

THE PROPOSED SETTLEMENT

The Court will hold a Fairness Hearing on Wednesday, March 13, 2013 at 10:00 a.m. Eastern, to determine whether the proposed settlement is fair, reasonable, and adequate and to approve attorney fees and costs. The Hearing will be at the U.S. District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201. If you are a member of a Settlement Class who did not seek to be excluded, you may write to the Court to object to the proposed settlement, and you may ask to speak at the hearing about the fairness of the proposed settlement.

HOW CAN I GET MORE INFORMATION?

If you have questions, visit www.BayerCombinationAspirinSettlement.com, call 1-877-257-5766, or write to Bayer Combination Aspirin Litigation Settlement, c/o Gilardi & Co. LLC, P.O. Box 808061, Petaluma, CA 94975-8061.

SOURCE Hagens Berman Sobol Shapiro LLP