United States District Court for the Eastern District of New York
Case No. 1:21-cv-06850-PK
*Important Case Update*
Distribution payments were issued on November 14, 2024 to all Settlement Class Members who submitted a Valid Claim. Please deposit or cash your payment as soon as possible. All outstanding checks will be deemed void after April 14, 2025.
If you purchased a CVS branded maximum strength lidocaine patch, cream, roll-on, or spray product between December 11, 2017, and July 18, 2023, you may be entitled to benefits from a class action settlement.
A federal court authorized a Long-Form Notice. It is not a solicitation from a lawyer. You are not being sued.
A settlement has been reached in a class action lawsuit. In the lawsuit, Plaintiffs Monique Bell, Tree Anderson, and Melissa Conklin ("Plaintiffs”) allege that packaging of Defendant's Lidocaine Products was false and deceptive in that it led purchasers to believe that the Lidocaine Products delivered a “maximum strength” amount of lidocaine, and that the Products in patch form could reliably adhere to consumer bodies for up to 8 or 12 hours. Defendant does not concede the truth of any of the claims against it and denies that it did anything wrong. The Court has not decided who is right. Instead, the parties agreed to a compromise (“Settlement”).
The Settlement offers payments to Settlement Class Members who file Valid Claims.
Your legal rights will be affected even if you do not act. Your rights and options — and the deadlines to exercise them — are explained in the Long-Form Notice. Please read the Long-Form Notice carefully in its entirety. Defined terms have the meanings given to them in the Settlement Agreement.
SETTLEMENT CLASS MEMBERS’ LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT
YOUR RIGHTS AND OPTIONS
WHAT THEY MEAN
DEADLINES
DO NOTHING
If you are a Settlement Class Member and do not take any action, you will not receive any financial compensation under the Settlement. Further, if the Settlement is finally approved, you will be bound by the Court’s final judgment and the release of claims explained in the Settlement Agreement.
None
SUBMIT A CLAIM FORM
If you are a member of the Settlement Class, you must submit a Valid Claim, choosing between the two claim options detailed in the Settlement and herein, to receive a payment. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class, you will receive your payment by check or electronic payment. To find out how to submit a Claim Form, please read FAQ 11.
Submitted by (if submitted online) or postmarked by (if submitted by mail) the Claims Deadline of November 20, 2023
EXCLUDE YOURSELF (OPT OUT)
Get no benefits from the Settlement. Requesting exclusion from the Settlement (also called “opting out”) would allow you to file or continue your own lawsuit against Defendant about the legal claims involved in the Settlement. To find out how to opt out, please read FAQ 13.
Postmarked on or before the Opt-Out / Objection Deadline of October 6, 2023
OBJECT OR COMMENT
Write to the Court about why you do or do not like the Settlement. To find out how to object or comment, please read FAQ 15.
Postmarked on or before the Opt-Out / Objection Deadline of October 6, 2023
GO TO FINAL APPROVAL HEARING
Ask to speak in court about the fairness of the Settlement. To find out how to do so, please read FAQ 18.
Submit a notice of intention to appear at the Final Approval Hearing by October 6, 2023
This Settlement Website is authorized by the Court, supervised by Class Counsel and Defendant's Counsel and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized Settlement Website for this case.
Call
(833) 747-6949
Mail
Bell v. CVS Pharmacy, Inc. c/o Kroll Settlement Administration LLC PO Box 5324 New York, NY 10150-5324
Contact us with any inquiries, comments, and/or requests.
Important Dates
Opt-Out Deadline
Friday, October 6, 2023
You must complete and mail your request for exclusion form so that it is postmarked no later than October 6, 2023.
Objection Deadline
Friday, October 6, 2023
You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than October 6, 2023.
Claims Deadline
Monday, November 20, 2023
You must submit your Claim Form online no later than Monday, November 20, 2023, or mail your completed paper Claim Form so that it is postmarked no later than November 20, 2023.
Final Approval Hearing Date
Friday, February 16, 2024
The Final Approval Hearing is scheduled for February 16, 2024 at 11:30 a.m. ET. Please check this website for updates.