FOR IMMEDIATE RELEASE CIV MONDAY, MAY 5, 1997 (202) 616-2777 TDD (202) 514-1888 FOUR FIRMS WILL PAY U.S. $12 MILLION TO SETTLE HEALTH CARE CLAIMS WASHINGTON, D.C. -- Four blood product companies and their affiliates will pay the United States more than $12 million to reimburse several federal health care insurance programs, under a settlement announced today by the Justice Department. Assistant Attorney General Frank Hunger of the Civil Division said the four companies--Alpha Therapeutic Corporation, Armour Pharmaceutical Company, Baxter Healthcare Corporation and Bayer Corporation--each will pay a specific percentage of the total amount. Alpha will pay 15 percent; Armour and Baxter 20 percent each; and Bayer 45 percent. From 1978 through 1985, the four companies provided blood products that may have resulted in patients acquiring HIV. Individuals entitled to benefits under federal health care programs who became infected with HIV after receiving blood products from the companies during that time were, in many instances, entitled to have those federal programs defray their health care costs. When a company that receives its payment from a federal health care program is subsequently required to pay damages to a federally insured patient, the United States can seek to be reimbursed for its payment under federal law. The $12,188,100 would be the federal government's payment under the law. As part of the proposed settlement, each patient who chooses to sign a separate settlement with the companies -- which would entitle them each to $100,000 -- would agree not pursue any claims against the United States. The agreement announced today would settle claims by patients entitled to benefits under CHAMPUS; health benefit plans offered by the Department of Defense and the Department of Veterans Affairs; Medicare; Medicaid; the Indian Health Service program; and the Federal Employees Health Benefits Program. The settlement, negotiated by the Civil Division's Torts Branch and signed April 30, must be approved by U.S. District Court in Chicago. In addition to the Justice Department's settlement, the court will also consider a request made on behalf of the Plaintiffs' Steering Committee and by the four companies seeking a global settlement. # # # 97-189