HomeMy WebLinkAboutMINUTES - 02252014 - C.17RECOMMENDATION(S):
1. APPROVE and AUTHORIZE the Health Services Department Director, or designee, on behalf of the County, to
submit a claim form and participate in the second 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 Department Director, or designee, to complete and submit the required claim form by
April 7, 2014.
FISCAL IMPACT:
A third party settlement administrator will determine the amount of the settlement funds to be allocated to the County.
The amount of the County’s allocation will be based on the number of claims submitted and the total dollar amount of
the County’s qualifying purchases.
BACKGROUND:
On December 17, 2013, the Board of Supervisors authorized the County’s participation in a partial settlement in
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/25/2014 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
ABSENT: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: February 25, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 17
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:February 25, 2014
Contra
Costa
County
Subject:Approval of Second Partial Settlement of In re: Plasma-Derivative Protein Therapies Antitrust Litigation
BACKGROUND: (CONT'D)
In re: Plasma-Derivative Protein Therapies Antitrust Litigation, U.S. District Court for the Northern District of
Illinois Case No. 09-CV-7666, a class action lawsuit involving claims related to the sale of immunoglobulin and
albumin between July 1, 2003 and December 31, 2009. The first partial settlement was with CSL Limited, CSL
Behring Limited, LLC, CSL Plasma, Inc., and Plasma Protein Therapeutics Association.
On January 8, 2014, the Court approved a second settlement in the lawsuit. This second settlement is with Baxter
Healthcare Corporation and Baxter International, Inc. (together, “Baxter”), and will require Baxter to pay $64 million
into a settlement fund, to be allocated among the plaintiff-class members. As in the previous settlement, the
settlement funds to be paid by Baxter will be allocated among plaintiff-class members that participate in this second
settlement based on the number of claims submitted and the total dollar amount of the class member’s qualifying
purchases from Baxter. Participation in this second settlement will enable the County to be allocated a portion of the
settlement funds to be paid by Baxter based on the amount of its qualifying purchases.
The Court will hold a fairness hearing on April 16, 2014. At the fairness hearing, the Court will certify the settling
plaintiff class and conclude this lawsuit as to Baxter. In order for the County to participate in this second settlement in
the lawsuit, the Board of Supervisors must approve the proposed second settlement and authorize the Health Services
Department Director, or designee, to submit claim forms to the third-party settlement administrator by April 7, 2014.
Like the previous settlement in which the County participated, if the Board of Supervisors authorizes the County to
participate in this second settlement, it will release Baxter 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
under the lawsuit. (The Settlement Agreement is available at www.PlasmaTherapySettlement.com.)
If the Board of Supervisors does not approve participating in this second settlement, the County will not be entitled to
any of the settlement funds paid by Baxter. Further, to assert its individual claims against Baxter, which the class and
its attorneys have asserted on behalf of the County and other class members in the lawsuit, the County would need to
initiate costly litigation against Baxter.
For the foregoing reasons, Health Services Department staff recommends that the Board of Supervisors approve
participating in this second settlement, and direct the Health Services Department Director, or designee, to submit
claim forms by April 7, 2014.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not approve participating in this second settlement, the County will not be entitled to
any of the settlement funds paid by Baxter.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.