$36-M settlement reached in suit vs Remeron maker

The Attorney General’s Office said that consumers of an antidepressant drug may soon be entitled to cash recovery following a $36-million settlement between the drug company and state attorneys general nationwide.

The AGO said it is now waiting for court approval of the settlement between the states and drugmaker Organon USA Inc. and its parent company Akzo Nobel N.V., which manufactured the antidepressant drug Remeron and its generic equivalent, mirtazapine.

Those who paid for the drugs from June 15, 2001 to Jan. 25, 2005—including the CNMI’s Medicaid program, as well as government insurance and private insurance companies—could obtain cash recovery once the settlement becomes final, the AGO said.

The AGO said that Claim Solutions Inc. of West Palm Beach, Florida has been assisting the states as the claims administrator for the settlement.

“The defendants in this case abused the regulatory scheme to stifle competition and prevent consumers from having access to low-cost, generic equivalents of this drug,” attorney general Pamela Brown said in a media release. “Obtaining this settlement represented a way for the CNMI to help lower prescription drug costs for its consumers.”

CNMI consumer counsel Brian Caldwell explained that Organon unlawfully extended its monopoly by improperly listing a combination therapy patent with the U.S. Food and Drug Administration.

He added that the company delayed listing the patent with the FDA to delay availability of lower-cost generic substitutes.

“This resulted in higher prices for those who paid for the drug. Remeron, at its peak, was the Organon top-selling drug with annual sales in excess of $400 million,” Caldwell said.

The AGO advised consumers who want inclusion in the settlement class to file claim forms with the administrator no later than June 13, 2005.

Claim forms or other information about the settlement may be obtained by calling toll-free at 1-866-401-6807 or visiting the settlement website at www.RemeronSettlement.com. Claim forms must be addressed to Remeron Antitrust Settlement, c/o Complete Claim Solutions Inc., P.O. Box 24769, West Palm Beach, Florida 33416.

According to the AGO, consumers who do not want to be part of the settlement class should exclude themselves in writing on or before April 27, 2005. The AGO maybe reached at (670) 664-2341 for more information.