In re: Pharmaceutical Industry Average Wholesale Price Litigation
Docket No. 01-C V-12257-PBS, MDL No. 1456 (D. Mass.)

Welcome to the BMS AWP Settlement Website


  • On January 6, 2012 Consumer and TPP Settlement checks were mailed.
  • To view the Order Granting Plaintiffs’ Motion for Distribution of the Net Settlement Fund to Consumers claimants and Third-Party Payors, click here.
  • To view the Final Approval Order, click here.
  • There has been a revision to the settlement agreement and a rescheduled date and time for the Fairness Hearing. Please click here to view the order.
  • A copy of the Revised Notice is now available. Please click here to view the Consumer Notice.

If you made a Percentage Co-Payment for Certain BMS Drugs
From January 1, 1991 to December 31, 2004, You may be able to get money back.

The BMS drugs are:


These drugs (referred to as the “BMS Drugs”) are used for the treatment of cancers and other medical conditions. They are most often, but not always, injected in a doctor’s office or clinic.



The deadline has passed. Objections needed to be filed on or before October 29, 2010


The deadline has passed. Exclusions needed to be received no later than October 29, 2010

Claim Form:

The deadline has passed. Claims needed to be postmarked by November 19, 2010

Fairness Hearing:

UPDATE: Approved

  1. There is a Settlement of a class action lawsuit involving Bristol-Myers Squibb (“BMS”) drugs Blenoxane®, Cytoxan®, Etopophos®, Paraplatin®, Rubex®, Taxol® and Vepesid®.

  2. This lawsuit is NOT about whether these drugs are safe or effective. This lawsuit is about the amount that you were charged for the drugs. The class action claims that customers paid too much for the drugs.

  3. BMS has agreed to pay $19 million to settle the class action. 28% of this amount, minus certain fees and expenses, will be available to pay consumer claims including those consumers who participated in Medicare Part B and who made a co-payment for BMS Drugs outside of the Medicare Part B program. The remaining 72%. Minus certain fees and expenses, is eligible for allocation to third-party payors such as insurance companies.

For more detailed information, please review the Notice
and other court documents on the links at the left.

What Is The Lawsuit About?

The Average Wholesale Price (“AWP”) is used to set reimbursement amounts that are paid by a) Medicare and its beneficiaries, b) private health insurers, and c) consumers making percentage co-payments under private health insurance plans. The lawsuit claims that BMS reported false and inflated AWPs for the drugs covered in this Settlement. BMS denies any wrongdoing, and the Settlement is not an admission of wrongdoing or an indication that any law was violated.

The name of the lawsuit is In re: Pharmaceutical Industry Average Wholesale Price Litigation, Docket No. 01-CV-12257-PBS, MDL No. 1456.

How Do I Know If I Am Included In The Settlement?

You are part of the Settlement if you made, or are obligated to make:

  1. A percentage co-payment through a private health insurance plan for a BMS Drug from January 1, 1991 through December 31, 2004.

  2. A full cash payment for a BMS Drug from January 1, 1991 through December 31, 2004.

A spouse of a deceased class member who made such a co-payment or cash payment or a legal representative of a deceased class member’s estate may file a claim.

A percentage co-payment is a payment that varies according to the price of the drug (i.e. 20% or 25% of the total cost). If you paid the same amount (i.e. $10, $20) per prescription, regardless of the cost of the drug, you did not make a percentage co-payment and are not included in the Settlement.

Excluded from the Settlement are (1) consumers who made flat co-payments, who were reimbursed fully for their payments, or who have the right to be fully reimbursed, and (2) BMS and certain related entities as defined in the Settlement Agreement. Also excluded from the Settlement are all federal, state, and local government entities in the United States, except any such governmental agencies or programs that made or incurred an obligation to make a reimbursement for a Class Drug as part of a health benefit plan for their employees, but only with respect to such payment.

You are not a member of a Class if you made flat co-payments, if insurance paid all of your co-payment, or if you were never obligated to make a co-payment at all.

Questions concerning the matters contained herein should be directed to the Settlement Administrator listed below.

Please email or write the Settlement Administrator at the address below if your address changes.

BMS AWP Class 3 Settlement Administrator
c/o Rust Consulting, Inc.
P.O. Box 2366
Faribault, MN 55021
Toll-free Phone: 877-690-7097