Judge Gives Final Approval to $74M Bayer Cipro Settlement

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A California Superior Court Judge has granted final approval to a class action settlement over allegations that Bayer Corp. conspired with other drug manufacturers to keep low-cost generic versions of the drug Cipro off the market. People and entities that paid for Cipro in California between 1997 and 2004 have until March 31, 2014 to file a claim to receive at least $25 from the class action settlement.

Judge Ronald Styn affirmed the approval of the Bayer Cipro class action lawsuit settlement on Nov. 18, 2013, after the preliminary settlement agreement was entered by both parties on June 7, 2013. Plaintiffs accused Bayer, Barr Laboratories Inc., Hoechst Marion Rousse Inc., Watson Pharmaceuticals Inc., and The Rugby Group Inc. of violating antitrust and consumer protection laws by colluding and not competing to keep lower-cost generic versions of Cipro off the market.

Bayer has denied and continues to deny that the company engaged in any wrongdoing or that it violated or breached any law or regulation. The company, however, has set aside a $74 million settlement fund to pay class plaintiffs as compensatory damages.

“The Court finds that $74 million in cash consideration is fair, reasonable, and adequate given the claims and defenses, the substantial litigation risks, and the history of these actions,” the final approval ruling states.

Under the Bayer Cipro settlement, persons who bought the prescription drug Cipro in California between Jan. 8, 1997 and Oct. 31, 2004 are considered Consumer Class Members and are eligible for payment from the Cipro class action settlement. Consumer Class Members must have lived in California at any time during the inclusive dates.

Entities that bought the same prescription during the same period can be classified as Third-Party Payor Class Members. They should be a party to a contract, issuer of a policy, or sponsor of a plan, and that must pay or reimburse all part of the cost of Cipro dispensed to its California members.

The amount of money that a Class Member may receive from the Cipro class action settlement will be based on how many people file valid claims, but it will be at least $25.

To receive money from the Bayer Cipro settlement, a Claim Form must be completed and submitted either online at www.CiproSettlement.com or postmarked no later than March 31, 2014. Detailed claim filing instructions can be found here in our Open Class Action Settlements section.

The Bayer Cipro Class Action Lawsuit is Cipro I & II, Case Nos. 4154 and 4220, in the Superior Court of the State of California, County of San Diego.

UPDATE: Settlement checks were mailed the week of Feb. 12, 2015.