Blood Reagents Antitrust Litigation

Immucor Settlement Frequently Asked Questions

  1. What is the lawsuit About?
  2. What does the Immucor Settlement provide?
  3. Why did the parties agree to this settlement?
  4. If I am a member of the Immucor Settlement Class, will I be a part of the Ortho Settlement Class?
  5. How do I know if I am part of this Settlement?
  6. What if I still do not know whether I am included in the proposed Immucor Settlement Class?
  1. What is the lawsuit About?

    This lawsuit was filed by a group of Plaintiffs or Class Representatives, individually and as representatives of all persons in the United States who purchased traditional blood reagents directly from Immucor, Inc. or Ortho-Clinical Diagnostics, Inc. (collectively, the “Defendants”). The lawsuit asserts that, as a result of the alleged conduct of the Defendants, the prices paid to the Defendant traditional blood reagents manufacturers for traditional blood reagents were higher than they otherwise would have been. The lawsuit seeks treble (triple) damages, attorneys’ fees and costs from Defendants. U.S. District Court Judge Jan E. DuBois is the Judge overseeing this lawsuit.

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  2. What does the Immucor Settlement provide?

    The Plaintiffs reached a settlement agreement with Immucor in the amount of $22,000,000, which was signed by Plaintiffs and Immucor on January 11, 2012, and granted preliminary approval by the Court on March 5, 2012.  Notice of the settlement was mailed to potential settlement class members on April 19, 2012.  A summary notice was also published in the April 2012 edition of AABB News.  The notices informed settlement class members of the settlement terms with Immucor and their options with respect to the settlement.  The deadline to request exclusion from the Immucor Settlement Class was June 1, 2012, and a final approval hearing was held on June 15, 2012.  The Court granted final approval of the Immucor settlement and dismissed Immucor from the case on September 6, 2012.  At that time, the Court also awarded Class Counsel $500,000 of the settlement amount to cover ongoing litigation expenses, all of which has been spent pursuing certification of the Litigation Class.  As a result, Class Counsel intends to seek an award of an additional $2,000,000 from the Immucor Settlement Fund to cover continuing costs of litigation, including trial preparation.  Class Counsel must file their motion for ongoing litigation expenses on or before March 23, 2016.

    As part of the Immucor Settlement, Immucor also agreed to provide cooperation to the Plaintiffs in their ongoing case against the non-settling Defendant, Ortho.

    Immucor Settlement Class members’ rights against Ortho are not affected.

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  3. Why did the parties agree to this settlement?

    Although the Court has not ruled on the merits of Plaintiffs’ claims, Plaintiffs have agreed with Immucor to settle the lawsuit. Class Counsel conducted an extensive investigation of the facts and the law relevant to the lawsuit. Immucor vigorously denies that it has acted unlawfully in any respect. It has asserted affirmative defenses to all of the claims and states that it is entering into this settlement only to avoid the costs and inconveniences of litigation.

    Plaintiffs and their counsel have concluded that the settlement with Immucor is in the best interests of the Immucor Settlement Class represented by the Plaintiffs. The Immucor Settlement does not represent an admission of liability or that the Court has reached a decision with respect to the merits of the lawsuit. The lawsuit will continue against Ortho.

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  4. If I am a member of the Immucor Settlement Class, will I be a part of the Ortho Settlement Class?

    If you are a member of the Immucor Settlement Class, this does not necessarily mean you will be a member of any future settlement class with Ortho. Please check the Ortho Notice on the Ortho Notice page for the specific terms, which may be different than the terms of the Immucor Settlement. If you want additional information regarding the settlement with Immucor, please view the Settlement Agreement by visiting the Court Documents.

    If you excluded yourself from the Immucor Settlement Class this does not affect your ability to participate in the Ortho Settlement. 

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  5. How do I know if I am part of this Settlement?

    You may be affected by the Immucor settlement if you are a person or entity in the United States who directly purchased traditional blood reagents from Immucor and/or Ortho between January 1, 2000 and February 23, 2012 (the “Settlement Class Period”).

    If you meet these requirements, you are a member of the Settlement Class.

    You are not a member of the Immucor Settlement Class, even if you meet these requirements, if you are a Defendant, a Defendant’s subsidiary, affiliate or Related Person, or a federal governmental entity.

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  6. What if I still do not know whether I am included in the proposed Immucor Settlement Class?

    If you still do not know whether you are included in the Immucor Settlement Class, please call 1-855-231-9423, or write to:

    Blood Reagents Antitrust Administrator
    c/o Kurtzman Carson Consultants LLC
    P.O. Box 43058
    Providence, RI 02940-3058

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