POWERED BY THE DENTISTRY NETWORK

Dental industry news: Cash refund may be possible from class action settlement

SAN DIEGO, California--The following statement is being issued by Chattem and Blood Hurst & O'Reardon, LLP, regarding the Duffer v. Chattem, Inc. case.

LEGAL NOTICE

Those people who purchased ACT Total Care Anticavity Fluoride Mouthwash between Jan. 1, 2009 and June 30, 2010, may be entitled to a cash refund from a class action settlement.

WHAT IS THIS SETTLEMENT ABOUT?
Plaintiff claims that defendant Chattem, Inc.'s ACT Total Care Anticavity Fluoride Mouthwash ("ACT Total Care") did not provide all of the comprehensive oral care health benefits as advertised, including the ability to reduce, remove, or otherwise fight plaque. Chattem strongly denies the allegations made in the lawsuit. The Court has not decided who is right and who is wrong. Instead, the parties decided to settle the dispute.

WHAT DOES THE SETTLEMENT PROVIDE?
Each Class Member who submits a valid Claim may be entitled to a cash payment for bottles of ACT Total Care purchased between Jan. 1, 2009, and June 30, 2010, not to exceed 10 bottles. Chattem will make payments of up to $1.5 million into a Settlement Fund to reimburse Class Members for the ACT Total Care they purchased, to pay for costs of settlement administration, and a service award to the Class Representative.

Class Members are scheduled to receive $1.50 for each qualifying 18-ounce or smaller bottle, and $2 for each qualifying 33-ounce or larger bottle. Depending on the amount of claims made and other factors, the payments may be decreased or increased, not to exceed $4 per 18-ounce or smaller bottle and $6 per 33-ounce or larger bottle. Chattem has agreed to pay an award of Plaintiff's Attorneys' Fees and Expenses of up to $300,000, separate from the Settlement Fund. The motion(s) by Class Counsel for Attorneys' Fees and Expenses and service award for the Class Representative will be available for viewing on the Settlement Website after they are filed. After that time, if you wish to review them, you may do so by viewing them at www.acttotalcaresettlement.com.

AM I A CLASS MEMBER?
You're a Class Member if you purchased ACT Total Care nationwide from Jan. 1, 2009, through June 30, 2010.

WHAT ARE MY LEGAL OPTIONS?
To ask for cash and remain in the Class, you must mail, fax, or submit online a completed Claim Form by July 6, 2013. If you do not wish to be legally bound by the Settlement, you may exclude yourself from the Class by April 8, 2013, or you may stay in the Class and object to the Settlement by April 8, 2013. Visit www.acttotalcaresettlement.com for important information about these options.

HEARING ON THE PROPOSED SETTLEMENT:
The Court will hold a Final Approval Hearing on May 7, 2013 at 10:30 a.m. to determine whether the proposed Settlement is fair, reasonable, and adequate, to approve Attorneys' Fees and Expenses, and any service award for the Class Representative. The Final Approval Hearing will take place at U.S. District Court, Southern District of California, 221 West Broadway, San Diego, CA 92101. You do not have to attend the hearing.

HOW CAN I GET MORE INFORMATION?
If you have questions, visit www.acttotalcaresettlement.com, or call (877) 669-3201.

To comment on this topic, go to http://community.pennwelldentalgroup.com.

 

 

Did You Like this Article? Get All the Dental Industry News Delivered to Your Inbox

Subscribe to an email newsletter today at no cost and receive the latest news and information.

Related Articles

How much money do you need to retire from your dental practice?

08/07/2015

I gave a presentation to a large group of dentists at a state convention this spring. After I finished, a few dentists came up to chat. I couldn't help but smile because they all had more or less the same question.

10 steps to solid fees for your dental practice

Sally McKenzie 11/12/2014

There are a few practical steps that dentists can take in order to keep fees reasonable, yet make a profit for their practice.

Thursday Troubleshooter: Medicare – dental practices must make a decision

10/16/2014

Gone are the days when dentists can tell patients they do not bill Medicare because it does cover dental-related services.

 

Tuesday Tip from Pride Institute: The out-of-dental-network blues

Sharyn Weiss 09/09/2014

Dentists may lose a few patients, but in the long run giving up some insurance plans can be better for everyone

Stay Connected

Subscribe to Dentistty IQ's Newsletters

1421 S. Sheridan Road
Tulsa, Oklahoma 74112
PH: 800.331.4633