Facts

NOTHING TO HIDE

So, how’s the lawsuit going?

Great, for us – we were dismissed in September 2017. Even the ADA is talking about it. (I like a long read, let me grab my coffee.)

 

But wait, you’re still named in the postcards I received?

Yes, that’s true. However, in September 2017, the court ruled that Burkhart’s business in New York was not part of an antitrust conspiracy. (You can read the entire decision right here.)

While the short-form postcard includes Burkhart’s name, we are not named as a Defendant. (Hint, the Defendant’s are named in the first paragraph.)

 

Well, that’s confusing – why is Burkhart still named?

Burkhart’s name is still associated because the original claim was alleged against four companies – the Defendants and Burkhart. Even though we have been dismissed, the court decided to allow the Settlement to the clients of all parties named in the original class-action lawsuit.

 

I’m a Burkhart client and I ordered between 2008-2016 – can I still collect money from this Settlement?

Yes, you can participate even though Burkhart was dismissed from the case in September 2017. Burkhart clients are considered members of the class that filed the class-action Settlement and may collect money. Burkhart, however, is not participating and is not paying any portion of the Settlement funds. (Read the fourth bullet point here and this legal document here.)

 

So, Burkhart is paying nothing into the Settlement?

Correct! We were dismissed and are not one of the Defendants.

The Settlement is between the United States District Court for the Eastern District of New York, Henry Schein, Patterson, and Benco Dental.

The breakdown1 looks like this:
Defendant 1 = $38.5 Million
Defendant 2 = $28.3 Million
Defendant 3 = $13.2 Million
Burkhart = $0

1 Ostuni, A. (2018, October 02). Patterson Cos. to Pay Roughly One-Quarter of $80M Settlement in Price Fixing Suit. Tcbmag.com. Retrieved May 12, 2019, from http://tcbmag.com/news/articles/2018/october/patterson-cos-to-pay-roughly-one-quarter-of-80m

(Exactly how the $80 million Settlement breaks down can be found here.)

 

How do I know if I am eligible?

Did you purchase any dental supplies or dental equipment from August 31, 2008 – March 31, 2016? If so, read this to see if you’re eligible.

 

Catch me up, I’ve heard a little bit about this.

Currently, there are other investigations taking place against the defendants including an FTC matter – Burkhart is not involved in any of them. Read about them here, here, and here.

 

The FTC? What’s happening there?

Specifically, the FTC alleges antitrust laws were violated when “the big three” dental suppliers (Benco, Henry Schein and Patterson – psst, they control 85% of sales) refused to sell to Group Practice Organizations (GPOs). And yes, the FTC alleges one of the companies invited Burkhart to participate.

 

I want to know more.

Great, we believe in education too.

  1. Read the FAQs for the class-action lawsuit here.
  2. Read the Long Form Notice here.
  3. More information on Burkhart’s dismissal from the class-action lawsuit can be found here.
  4. Read the FTC filing here.

 


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