Earlier this month, several drug companies announced the creation of a $56.9 million fund to resolve claims related to the popular Yaz, Yasmin, and Ocella birth control medications. The settlement follows allegations that the drug makers failed to warn doctors of specific known risks that taking these medications could cause a patient to develop dangerous blood clots that could lead to a heart attack, stroke, deep vein thrombosis, and/or gallbladder problems. These medications all contain drospirenone, a synthetic form of estrogen that first triggered FDA scrutiny in a May 2011 warning.
Since the early 2000s, thousands of lawsuits have been filed against drug makers Merck, Teva Pharmaceuticals and Barr Laboratories over the harmful side effects associated with these medications. The majority of these claims have already been settled, and the current settlement is designed to resolve all outstanding claims. It will cover cases currently still pending in Pennsylvania, New Jersey, and California, and is designed to compensate injured persons as well as healthcare payers that paid for associated treatments.
However, private healthcare payers will not receive full reimbursement of their medical costs under the terms of the settlement. These healthcare payers must determine whether they want to participate in the Yaz settlement program and receive a portion of their lien, or opt out and assert their full lien. Although specific terms have yet to be released, the private lien resolution program (PLRP) established by the fund is likely to limit a healthcare payer’s recovery to a fraction of the payer’s lien. In similar previous settlement agreements, healthcare payers’ recoveries have been limited to less than 50% of their actual documented expenses.
To seek reimbursement of its full associated medical expenses, a healthcare payer must specifically identify all costs associated with Yaz and any subsequent side-effects related to treatments for each patient, and take steps to preserve its right of reimbursement. Without preserving their rights, payers risk losing hundreds-of-thousands of dollars in potential recoveries. Healthcare Recovery Solutions has the technology and resources available to identify and recover the maximum amount possible in whichever course of action a healthcare payer wishes to pursue. For more information, contact pveloski@hrs-recovery.com.
