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Case Abstract
Successfully blocked release of Third Party Payer rights in proposed class action settlement.
Client
Our clients Verizon, CIGNA, a group of Blue Cross plans and all class members.
Case Name
In re: Medco Health Solutions Inc. Pharmacy Benefits Management Litig., No. 03 MDL 1508 (CLB), 2004 WL 1243873 (S.D.N.Y. 2004), vacated for further proceedings on other grounds, sub nom. Central States Southeast and Southwest Areas Health & Welfare Fund v. Merck-Medco, 433 F.3d 181 (2d Cir. 2005).
Result
Intervened in class action and successfully protected contractual rights to recover from Medco.
Case Details
In the Merck-Medco PBM class action case in the Southern District of New York, Stephen Lowey and Peter St. Phillip intervened on behalf of Verizon, CIGNA, and a group of Blue Cross plans to successfully block approval of a proposed class action settlement, which would have released Medco's customers' contractual rights covering billions of dollars of disputed claims. Messrs. Lowey and St. Phillip then renegotiated new release terms, which preserved all contractual claims of class members. Our efforts were recognized by the court's award to Lowey Dannenberg of a rare and substantial "objector's fee" to be paid out of the class attorneys' fees.
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