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US court finds ‘robust’ anti-fraud safeguards in Novartis settlement



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By Mike Scarcella

July 26 (Reuters) -After thousands of improper claims were detected in a $30 million settlement with Novartis, a U.S. judge in Manhattan charged with reviewing the process said there were “robust” safeguards in place to ward off fraudulent distributions.

In a report released on Friday, U.S. Magistrate Judge Stewart Aaron said the Novartis claims process administered by Angeion “has integrity and has been carried out in a diligent and thorough manner.”

Consumers and health plans last year settled antitrust claims against Novartis over its hypertension drug Exforge. Novartis denied any wrongdoing.

U.S. District Judge Alvin Hellerstein said in June that nearly 15,000 settlement fund checks were never cashed and that out of 132,000 consumer claims submitted to the settlement administrator, just over 22,000 were allowed. Hellerstein asked Aaron to investigate the claims distribution process.

Aaron’s review came amid a rise nationally of fraudulent claims in court settlements.

Novartis, Angeion and attorneys for plaintiffs did not immediately respond to requests for comment on Friday.

Angeion identified 109,850 consumer claims that were either invalid or deficient, according to court records.

The bulk of those claims, Angeion disclosed, showed signs of fraud. Others were duplicative or sought compensation above $28,000, the maximum amount for determining the validity of claims.

Aaron’s report found that Angeion employs a fraud detection system that uses artificial intelligence to help identify potentially suspicious browser traffic.

The system also includes behavioral analysis tools, IP address monitoring and email verification, Aaron's report said.

Angeion has taken “prudent and necessary steps to address the fraudulent claims submitted in this case,” the judge wrote.

The report showed that as of late June, consumer claim checks accounting for 50% of the distributed funds had been cashed.

The judge recommended that Angeion send emails or postcards to class members with uncashed checks as a “reminder notice.” The judge said the step would provide an additional opportunity for consumers with uncashed checks to receive payment.


The case is In re Novartis and Par Antitrust Litigation, U.S. District Court, Southern District of New York, No. 1-18-cv-04361-AKH-SDA.

For plaintiffs: Greg Asciolla of DiCello Levitt and Robert Eisler of Grant & Eisenhofer

For Novartis: Evan Chesler of Cravath, Swaine & Moore


Read more:

US judge orders probe of Novartis $30 mln settlement claims process

Law firm Milberg skirts sanctions over fake claims in credit card fees case

US judge orders probe of phony Visa, Mastercard settlement website

Scammers flood US class action settlements with fraudulent claims



Reporting by Mike Scarcella

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