Welcome to the Medco ERISA Settlement Website
(last updated October 05, 2010)
website provides general information on the Settlement of the following
consolidated class action lawsuits:
Merck-Medco Managed Care, L.L.C., No. 97 Civ. 9167 (CLB);
Merck-Medco Managed Care, L.L.C., No. 98 Civ. 0847 (CLB);
Merck-Medco Managed Care, L.L.C., No. 98 Civ. 4763 (CLB);
Merck-Medco Managed Care, L.L.C., No. 99 Civ. 4067 (CLB); and
Merck-Medco Managed Care, L.L.C., No. 01 Civ. 3805 (CLB). ("The
Settlement Class consists of all employee welfare benefit plans that have or
have had contracts with Medco1, whether directly or indirectly
(including through third party administrators, HMOs, insurance companies, Blue
Cross Blue Shield entities or other intermediaries (collectively, “TPAs”)),
where the contracts with Medco were both (a) in force at any time between
December 17, 1994, and the date of the final approval of the Settlement
contemplated by the Settlement Agreement, as amended, and (b) subject to ERISA.
The Actions were brought, in the United States District Court for the Southern
District of New York, against Medco Health Solutions, Inc. and Merck-Medco
Managed Care, L.L.C. and asserted claims for breach of fiduciary duty and other
violations under the Employee Retirement Income Security Act of 1974 (“ERISA”).
The Court approved the Settlement on May 25, 2004.
After the settlement was approved by the District Court, certain members of the
Class who had objected to the settlement appealed the approval of the
settlement, and other related matters, to a higher court, the United States
Court of Appeals for the Second Circuit. The United States Court of Appeals
remanded the case to the District Court.
In March 2008, the District Court certified a subclass consisting of all
members of the Class that were self-funded plans and a Notice of Certification
of Subclass, Amendment to Settlement Agreement and Second Settlement Hearing
(the “Notice”) was mailed. On May 20, 2008, the District Court held a hearing
to determine whether to approve the amended allocation plan.
All outstanding appeals have since been resolved.
On May 5, 2010, the Court issued an Order re: Distribution of Class Funds
authorizing the Claims Administrator to distribute the Class Funds to all
eligible claimants according to the Amended Allocation Plan. On June 25, 2010,
the settlement checks were mailed to all eligible claimants.
If you have any questions concerning a check or letter you received, you may
contact the Claims Administrator by clicking on the “Contact Us” link at the
top of this page.
1 “Medco” refers to Medco Health Solutions, Inc. or its predecessors and/or affiliates, as appropriate.