Attorney General's News Release

June 18, 2003

Missourians who purchased anti-anxiety drug BuSpar may qualify for reimbursement through 50-state settlement

Jefferson City, Mo. — Consumers who purchased the anti-anxiety prescription drug BuSpar from January 1998 through January 2003 may be eligible for reimbursement and should act to file claims, Missouri Attorney General Jay Nixon said today.

Restitution for BuSpar patients is part of a proposed settlement between manufacturer Bristol-Myers-Squibb (BMS) and the Attorneys General of all 50 states, Puerto Rico and the District of Columbia.

The settlement would resolve legal action brought by the Attorneys General that alleged BMS helped keep competing generic versions of BuSpar off the market, resulting in higher prices for consumers. BMS has denied any wrongdoing or liability from the allegations.

BuSpar is the brand name for a medication often prescribed to patients suffering from Generalized Anxiety Disorder, which affects approximately 4 million Americans. In some cases, BuSpar also is used to treat Alzheimer's Disease.

"If generic alternatives had been available to consumers, the cost of this drug would likely have been less than half what was paid," Nixon said. "Even with insurance, many patients pay a higher co-payment for brand names than generic drugs. In addition, if insurance companies had to pay more for the drugs, those costs would eventually be passed on to consumers."

Nixon said approximately $37 million will be available nationwide for consumer claims and that consumer reimbursement would vary, depending on the length of time the drug was taken and how much, if any, of the purchase was covered by insurance. A majority of the purchasers used the drug on a trial basis, Nixon said.

Eligible BuSpar purchasers have until Oct. 10, 2003, to file claims. Claim forms and complete information about the settlement may be found online or may be obtained by calling toll free 1-800-678-9587.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818