If you purchased brand or generic Truvada or Atripla directly from the manufacturer, you may receive a payment from a class action settlement.

Under the settlement, Gilead agreed to pay $246,750,000 into a Settlement Fund.

If you are a member of either or both the Direct Purchaser Classes, your legal rights will be affected whether you act or don’t act. Please read the notice carefully.

UPDATE: On January 18, 2024, the Court held the Final Approval Hearing in the Gilead settlement. The Court entered a written Order approving the proposed settlement on January 19, 2024. The Order is posted here.

• A proposed settlement (“Settlement”) has been reached in a class action lawsuit (KPH Healthcare Services, Inc. v. Gilead Sciences, Inc., No. 3:20-cv-06961-EMC (N.D. Cal.), coordinated with In re HIV Antitrust Litigation (formerly called Staley v. Gilead Sciences, Inc.), No. 3:19-cv-02573-EMC (N.D. Cal.)). The lawsuit alleges that Gilead engaged in a variety of allegedly anticompetitive conduct that caused Direct Purchasers to pay too much for drugs used to treat or prevent HIV. Gilead denies any wrongdoing.

• Generally, the Settlement includes entities that purchased Truvada, Atripla, or their generic equivalents directly from a brand or generic manufacturer from February 1, 2018 until September 27, 2022 (“the Direct Purchaser Classes”).

• This lawsuit and Settlement concern only Direct Purchasers, which are typically pharmaceutical wholesalers.

• The lawsuit was filed against Gilead Sciences, Inc.; Gilead Holdings, LLC; Gilead Sciences, LLC; Gilead Sciences Ireland UC; Bristol-Myers Squibb Company; and E. R. Squibb & Sons, L.L.C. The proposed settlement is only with Gilead Sciences, Inc.; Gilead Holdings, LLC; Gilead Sciences, LLC; Gilead Sciences Ireland UC (collectively, “Gilead.”).

• This Settlement resolves the claims against Gilead. A previous settlement resolved the claims against Bristol-Myers Squibb Company; and E. R. Squibb & Sons, L.L.C (collectively, “BMS”). If you submitted a Claim Form in the BMS Settlement, you still must submit a separate Claim Form to receive a payment in the Gilead Settlement. The funds from the BMS Settlement will be distributed once processing is complete. 

• The full text of the Settlement is available for inspection here. The notice is intended to provide a convenient summary of the Settlement. In the event of any inconsistency between the notice and the terms of the Settlement, the terms of the Settlement will control.

YOUR LEGAL RIGHTS AND OPTIONS
SUBMIT A CLAIM	If you are a member of either or both of the Direct Purchaser Classes, you may file a claim by obtaining and submitting a Claim Form. This is the only way to receive a payment. The deadline is January 1, 2024.
OBJECT	You may write to the Court about why you do not like the Settlement. The objection deadline is December 28, 2023. Additionally, you may ask to go to the Final Approval Hearing and speak in Court about the fairness of the Settlement. The Final Approval Hearing is scheduled for January 18, 2024 at 1:30pm PT at the United States District Court for the District Court of California, San Francisco Courthouse, Courtroom 5 - 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. If you object to the Settlement, you are still a member of the Direct Purchaser Classes and you must file a claim to receive a payment.
DO NOTHING	If you do nothing, you will not receive any payment. You will be bound by the releases contained in the Settlement and will not be able to file or continue to pursue your own lawsuit.