Welcome to the Medco ERISA Settlement Website
(last updated October 05, 2010)

This website provides general information on the Settlement of the following consolidated class action lawsuits:

  • Gruer v. Merck-Medco Managed Care, L.L.C., No. 97 Civ. 9167 (CLB);

  • Green v. Merck-Medco Managed Care, L.L.C., No. 98 Civ. 0847 (CLB);

  • Bellow v. Merck-Medco Managed Care, L.L.C., No. 98 Civ. 4763 (CLB);

  • Janazzo v. Merck-Medco Managed Care, L.L.C., No. 99 Civ. 4067 (CLB); and

  • O’Hare v. Merck-Medco Managed Care, L.L.C., No. 01 Civ. 3805 (CLB). ("The Actions")

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.