Just wanted to give an update. I sent in my kit around the beginning of December (roughly). I called today and they said they received my return kit and it was processed Jan 11th (!) and that I could expect a check 4-6 weeks from that date. So it seems like you need to take the kit processing into account when you calculate when you should get your refund. I'll let you know if I get my check in the next two weeks.....

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Surprisingly poor service, considering they are doing this so we won't sure them.

Dear god, for the eleventh time, you cannot sue them. The laws in this country protect big pharma. Unless you suffered actual bodily harm from using their meds, you cannot sue.

Calm down.

A failed (and later repeated) or even an extended cycle means damages beyond the cost of Bravelle, in terms of other drugs purchased, extra lab expenses etc. It is especially glaring that for women who had their cycles extended or repeated (because Bravelle was under-strength), they had to buy more Bravelle AND more Menopur (both from ferring) but only the Bravelle costs are being refunded.

There are lots of causes of action that would seem to support these damages, without actual bodily harm. How about a warranty case seeking consequential damages? Unjust enrichment for the extra menopur they got to sell? And why not state consumer fraud statutes? I'm not saying these are easy cases to win, but they are out there.

Yes, there's always a basis to sue, and someone always will. See here: http://www.law360.com/articles/714717/ferring-s-muted-fertility-drug-recall-falls-within-fda-rules. There are firms lining up plaintiffs now (though that doesn't mean a suit will materialize). That doesn't mean it's a winning basis, but class actions are funny beasts (and also rarely result in meaningful settlements for individuals while taking years to get there) - they cost a lot to litigate if they're not dismissed (often they cost a lot to get dismissed too), and so settlements happen even if jury judgment might not because ultimately the cost is less (you that useless coupon you get for the product you'd now never touch costs way less than the cost for your failed IVF cycle or potential compensation for side effects). (Again, still don't think it's the solution some people think it is - YEARS to wind its way through the system, to potential settlement, settlement unlikely to make people happy, even if you file individually you may get lumped into the class-action when the court is dealing with it and thus be on their time line, not convinced any legal outcome would be better than the refund checks people are getting now, particularly when you look at the present versus future value of money - just saying as PP said there are absolutely legal bases for law suits).

Anonymous wrote:

Anonymous wrote:Pp here: I woke up and remembered preemption. Never mind.

Just think before you type next time. I'm tired of people posting on here, trying to get people's hopes up. Haven't people been through enough? It's not fair that people who don't know how things like this work to keep saying, "well, there should be a way/there has to be a way", etc. No, not as things stand right now, there isn't.

The way to potentily change how things stand is to write or call your US senator and representative. Each will log your call and disposition your issue. If enough calls go through it might gain some traction. Also, sending in letters to the FDA may bring more attention to the issue. Yes, they voluntarily recalled the drug but public opinion goes a long way in the age of executive orders telling federal agencies to be more transparent. Also, look for any news coming out of the FDA related to the case And respond to it in writing. Also, write consumer and IF advocacy groups who may pick up the cause and host letter writing campaigns.

Anonymous wrote:

Anonymous wrote:I am more sad than mad! Bravelle was my main fertility drug for 5 failed iui's. I did not respond as I should have and my doctor diagnosed me with unexplained fertility. I spend over $12,000 over the course of those insiminations so I feel they should be liable for all my costs! Ugh! It also gives me hope that maybe it was just the drug and not me

IUI cycles in general have a very low success rate. The fact your physician attempted more than a few IUI cycles is a failure in and of itself. These drugs are dosed to effect. Bravelle was not a "dud" as mentioned in other posts. It simply came in under specifications after 12 months. Physicians monitor response and if the response was less than anticipated due to lower specs they would have simply added an additional vial, maybe 2 during the cycle. Many patients do not stim very well during these cycles and it is not drug related.

Coming in "under specifications" at a date before the expiration date listed in the box makes the drug a "dud." That is the exact reason for having specifications to ensure that ppl will get the expected use out of the drug. RE is very much about calibrating drugs to the patient. If a patient doesn't have the expected response, and a recall is not in effect, the physician will assume it's the individual and not the drug. Also, my insurance only covers three attempts per live birth so I would be very upset if I used a drug that had "lower specs" during the time of my cycle. It's wasted money all around.

Anonymous wrote:

Anonymous wrote:Not to start a legal flame war, but why no breach of warranty claim with consequential damages? Guess we'll see when the inevitable class action is filled.

For one, they are already refunding the cost of the drug, which is all anyone would likely get out of a class action lawsuit. Really the only other way someone would get a payout is if they suffered physically from the drug. The best example here would be if their health suffered due to having to stim longer than normal due to the reduced potency.

Unfortunately, if people want to change the outcome of things like this in the future, it will have to be at the governmental level. Venting in this forum, while carthartic, won't initiate change.

I disagree. Venting in a public forum increases awareness. I wasn't aware of this issue so it's good to know when determining which drug to use (my protocol that was given to me yesterday said final-f or bravely. Increased awareness could also lead to increased venting to the FDA or his/her congressman or woman.

I got my check today. $2,492! Yay!

Anonymous wrote:

Anonymous wrote:Pp here: I woke up and remembered preemption. Never mind.

Just think before you type next time. I'm tired of people posting on here, trying to get people's hopes up. Haven't people been through enough? It's not fair that people who don't know how things like this work to keep saying, "well, there should be a way/there has to be a way", etc. No, not as things stand right now, there isn't.

Thanks Dersh.

Anonymous wrote:Pp here: I woke up and remembered preemption. Never mind.

Just think before you type next time. I'm tired of people posting on here, trying to get people's hopes up. Haven't people been through enough? It's not fair that people who don't know how things like this work to keep saying, "well, there should be a way/there has to be a way", etc. No, not as things stand right now, there isn't.

Pp here: I woke up and remembered preemption. Never mind.

Anonymous wrote:

Anonymous wrote:Surprisingly poor service, considering they are doing this so we won't sure them.

Dear god, for the eleventh time, you cannot sue them. The laws in this country protect big pharma. Unless you suffered actual bodily harm from using their meds, you cannot sue.

Calm down.

A failed (and later repeated) or even an extended cycle means damages beyond the cost of Bravelle, in terms of other drugs purchased, extra lab expenses etc. It is especially glaring that for women who had their cycles extended or repeated (because Bravelle was under-strength), they had to buy more Bravelle AND more Menopur (both from ferring) but only the Bravelle costs are being refunded.

There are lots of causes of action that would seem to support these damages, without actual bodily harm. How about a warranty case seeking consequential damages? Unjust enrichment for the extra menopur they got to sell? And why not state consumer fraud statutes? I'm not saying these are easy cases to win, but they are out there.

Anonymous wrote:Surprisingly poor service, considering they are doing this so we won't sure them.

Dear god, for the eleventh time, you cannot sue them. The laws in this country protect big pharma. Unless you suffered actual bodily harm from using their meds, you cannot sue.

Surprisingly poor service, considering they are doing this so we won't sure them.

I just called and the person on the phone was very nice and helpful. He looked up my information and verified that they did receive my form and receipts, and did not need any additional information. He said he didn't know when my check would be sent out, but that if I don't receive a check in 1-2 weeks to call back again since. He said they were backed up because of the holidays.

Filed my claim 6 weeks ago and no check yet.

Called yesterday - they said their system was down and they couldn't look up information.

Called today - and they had the person on the phone read me a prepared statement saying they have no information on status of claims and no way to track them - to call back in a week or two.

I pressed on whether they could at least confirm they received my claim and they just kept reading the same statement over and over.

Anyone else getting the run around like this?

Anonymous wrote:PP when did you send your forms and unused meds back? Just trying to get a feel for the turn-around time.
Also, thanks for letting us know.

I Guess It was about 6 weeks, like they said. Maybe 7 or 8.