HomeMy WebLinkAboutMINUTES - 12172013 - C.18RECOMMENDATION(S):
1. APPROVE and AUTHORIZE the Health Services Director, or designee, on behalf of the County, to submit a
claim form and participate in the partial settlement of In re: Plasma-Derivative Protein Therapies Antitrust
Litigation, Northern District of Illinois Case No. 09-CV-7666.
2. DIRECT the Health Services Director, or designee, to complete and submit the required claim forms by January 6,
2014.
FISCAL IMPACT:
A third party settlement administrator will determine the amount of the settlement funds to be allocated to CCRMC.
The amount of CCRMC’s allocation will be based on the number of claims submitted and the total dollar amount of
CCRMC’s qualifying purchases.
BACKGROUND:
On October 18, 2013, the United States District Court for the Northern District of Illinois issued an order
preliminarily approving a partial settlement in
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/17/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Ana Roth,
925-370-5100
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: December 17, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 18
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 17, 2013
Contra
Costa
County
Subject:Approval of Partial Settlement of In re: Plasma-Derivative Protein Therapies Antitrust Litigation
BACKGROUND: (CONT'D)
In re: Plasma-Derivative Protein Therapies Antitrust Litigation, Northern District of Illinois Case No. 09-CV-7666
(“Litigation”), a class action lawsuit involving claims related to the sale of immunoglobulin and albumin by CSL
Limited, CSL Behring Limited, LLC, CSL Plasma, Inc., and Plasma Protein Therapeutics Association (“Settling
Defendants”), and by Baxter Healthcare Corporation (“Baxter”), between July 1, 2003 and December 31, 2009. The
settlement of the Litigation requires the Settling Defendants to pay $64 million into a settlement fund, to be allocated
among the plaintiff-class members. (Baxter has not yet agreed to settle the Litigation, so the Litigation will continue
against it.)
The settlement funds will be allocated among plaintiff-class members that participate in the settlement based on the
number of claims submitted and the total dollar amount of the class member’s qualifying purchases from the Settling
Defendants and Baxter. Contra Costa County’s Contra Costa Regional Medical Center (CCRMC) is included in the
plaintiff class. The third party settlement administrator estimates that CCRMC purchased $31,862.60 worth of
immunoglobulin and $288.00 worth of albumin from Baxter between July 1, 2003 and December 31, 2009.
Participation in the settlement will enable CCRMC to be allocated a portion of the settlement funds based on these
purchases.
The Court will hold a fairness hearing on January 22, 2014. At the fairness hearing, the Court will certify the settling
plaintiff class and conclude this Litigation as to the Settling Defendants. In order for CCRMC to participate in the
settlement of the Litigation, the Board of Supervisors must approve the proposed settlement and authorize the Chief
Executive Officer of CCRMC, or her designee, to submit claim forms to the third-party settlement administrator by
January 6, 2014. If the Board of Supervisors authorizes CCRMC to participate in the settlement, it will be releasing
the Settling Defendants from all claims related to any violation of state or federal law while selling immunoglobulin
and albumin up to the present time, whether or not the violations were covered by the Litigation. (The Settlement
Agreement that provides for the partial settlement of the Litigation is available at
www.PlasmaTherapySettlement.com.)
If the Board of Supervisors does not approve participating in the settlement of the Litigation, the County will not be
entitled to any of the settlement funds. Further, to assert its individual claims, which the class and its attorneys have
asserted on behalf of the County and other class members in the Litigation, the County would need to initiate costly
litigation against the Settling Defendants and/or Baxter.
For the foregoing reasons, CCRMC staff recommends that the Board of Supervisors approve participating in the
settlement of the Litigation, and authorize the Health Services Director, or designee, to submit claim forms by
January 6, 2014.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not approve participating in the settlement of the Litigation, the County will not be
entitled to any of the settlement funds.
CHILDREN'S IMPACT STATEMENT:
Not Applicable