Industriens Pensionsforsikring A/S v. Becton, Dickinson and Company, et al.
Becton, Dickinson and Company Securities Litigation
2:20-cv-02155-SRC-CLW

Frequently Asked Questions

 

Expand/Collapse All
  • The Court directed the issuance of the Notice to inform potential Class Members about the Action and the Settlement and their options in connection therewith before the Court ruled on the Settlement. The Notice also described how this class action lawsuit generally affects Settlement Class Members’ legal rights.

    The Notice explained the Action, the Settlement, Class Members’ legal rights, what benefits are available under the Settlement, who is eligible for the benefits, and how to get them.

    The issuance of the Notice was not an expression of any opinion by the Court concerning the merits of any claim in the Action. The Court approved the Settlement and the Plan of Allocation on April 22, 2024, and the Claims Administrator will make payments to eligible Class Members pursuant to the Settlement after all claims processing is complete.

  • The following summary of the Action does not constitute a finding of the Court. Neither the Settlement nor any of the terms of the Notice shall be construed or deemed to be evidence of or constitute an admission, concession, or finding of any fault, liability, wrongdoing, or damage on behalf of Defendants.

    This is a securities class action against Defendants for alleged violations of the federal securities laws. Among other things, Class Representative alleged that Defendants made misrepresentations during the Class Period about the nature, extent, and revenue impact of alleged undisclosed product issues, compliance violations, and ongoing scrutiny by the U.S. Food and Drug Administration ("FDA") regarding BD’s Alaris infusion pump system. Class Representative further alleged that the price of BD common stock was inflated as a result of Defendants’ misrepresentations, and declined after BD announced FDA actions taken against Alaris on February 5, 2020.

    Defendants have denied and continue to deny any fault, liability, or wrongdoing whatsoever in connection with any of the allegations of wrongdoing asserted in the Action or any facts related thereto. Defendants assert that the claims in the Action are without merit and that none of the evidence developed to date, or that would be developed if the case continued to be litigated, supports or would support the claims asserted in the Action against them and have asserted numerous defenses. Without limiting the generality of the foregoing in any way, Defendants have denied, and continue to deny, among other things, that any untrue statements of material fact or material omissions were made or that Class Representative or the Class have suffered any damages. THE COURT HAS NOT RULED AS TO WHETHER DEFENDANTS ARE LIABLE TO CLASS REPRESENTATIVE OR THE CLASS.  THE NOTICE IS NOT INTENDED TO BE AN EXPRESSION OF ANY OPINION BY THE COURT WITH RESPECT TO THE TRUTH OF THE ALLEGATIONS IN THE ACTION OR THE MERITS OF THE CLAIMS OR DEFENSES ASSERTED. THE NOTICE IS SOLELY TO ADVISE YOU OF THE PROPOSED SETTLEMENT OF THE ACTION AND YOUR RIGHTS IN CONNECTION WITH THAT SETTLEMENT.

    This Action was commenced on February 27, 2020, with the filing of the initial complaint in the Court, asserting violations of the federal securities laws against BD and certain of its executives. A related derivative complaint, In re Becton, Dickinson & Co. S’holder Deriv. Litig., Master File No. 2:20-cv-15474, was filed in the Court on November 2, 2022.

    On June 9, 2020, the Court appointed Industriens Pensionsforsikring A/S as Lead Plaintiff for the Action, and approved Lead Plaintiff’s selection of Kessler Topaz Meltzer & Check, LLP as Lead Counsel for the class and Carella Byrne Cecchi Olstein Brody & Agnello, P.C. (n/k/a Carella Byrne Cecchi Brody & Agnello, P.C.) as Liaison Counsel for the class.

    On August 10, 2020, Lead Plaintiff filed the Amended Class Action Complaint. On October 9, 2020, Defendants moved to dismiss the Amended Class Action Complaint. On November 23, 2020, Lead Plaintiff filed its opposition to Defendants’ motion to dismiss, along with a motion to strike Appendix A to Defendants’ motion and all argument relying on the Appendix.

    Thereafter, on January 14, 2021, Lead Plaintiff moved to amend the Amended Class Action Complaint under Federal Rule of Civil Procedure (“Rule”) 15(a). With its unopposed motion, Lead Plaintiff filed the Second Amended Class Action Complaint.

    On March 19, 2021, Defendants moved to dismiss the Second Amended Class Action Complaint. On May 3, 2021, Lead Plaintiff filed its opposition to Defendants’ motion to dismiss, along with a second motion to strike Appendix A to Defendants’ motion. Both motions were fully briefed.

    By Opinion and Order dated July 8, 2021, the Court denied Lead Plaintiff’s motion to strike but granted Lead Plaintiff leave to submit a sur-reply addressing the Appendix. Lead Plaintiff filed a sur-reply on July 19, 2021.

    By Opinion and Order dated September 15, 2021, the Court granted Defendants’ motion to dismiss the Second Amended Class Action Complaint. By the same Order, the Court granted Lead Plaintiff leave to amend within 45 days. On October 29, 2021, Lead Plaintiff filed the Third Amended Class Action Complaint.

    On December 16, 2021, Defendants moved to dismiss the Third Amended Class Action Complaint. On February 4, 2022, Lead Plaintiff filed its opposition to Defendants’ motion to dismiss and on March 4, 2022, Defendants filed a reply in support of their motion.

    By Opinion and Order dated August 11, 2022, the Court denied in part and granted in part Defendants’ motion to dismiss the Third Amended Class Action Complaint. Defendants answered the Third Amended Class Action Complaint on October 3, 2022.

    Thereafter, discovery in the Action commenced. Lead Plaintiff prepared and served initial disclosures, requests for production of documents, and interrogatories on Defendants, exchanged letters with Defendants concerning discovery issues, and served document subpoenas on 10 third parties. Defendants and third parties produced over 2 million pages of documents to Lead Plaintiff, and Lead Plaintiff produced documents to Defendants in response to their discovery requests. Depositions of Lead Plaintiff’s corporate representative, as well as the Parties’ expert witnesses, were taken in connection with the motion for class certification (described below).  Lead Plaintiff also took two fact witness depositions and noticed several more. Lead Plaintiff and Defendants litigated three separate discovery disputes before Magistrate Judge Cathy L. Waldor.

    On December 22, 2022, Lead Plaintiff moved to amend the Third Amended Class Action Complaint under Rule 15(a). Defendants opposed Lead Plaintiff’s motion on January 10, 2023, and Lead Plaintiff filed a reply in support of its motion on January 24, 2023. Following oral argument on June 15, 2023, the Court granted Lead Plaintiff leave to file an amended complaint.

    On June 22, 2023, Lead Plaintiff filed the operative Fourth Amended Class Action Complaint (“Complaint”) on behalf of those who purchased or otherwise acquired BD common stock or call options, or sold BD put options, between November 5, 2019, and February 5, 2020, both dates inclusive, and were injured thereby. The Complaint asserted: (i) claims under Section 10(b) of the Exchange Act, and Rule 10b-5 promulgated thereunder, against BD and Polen; (ii) claims under Section 20(a) of the Exchange Act against Polen; and (iii) claims under Section 20A of the Exchange Act against Polen. On September 15, 2023, Defendants answered the Complaint, denying the claims and asserting a number of affirmative defenses.

    During this same time, Lead Plaintiff moved for class certification. Lead Plaintiff’s January 17, 2023 class certification motion was accompanied by a report from its expert on market efficiency and a proposed common damages methodology. On May 3, 2023, Defendants filed their opposition to Lead Plaintiff’s class certification motion, along with an expert rebuttal report. Lead Plaintiff filed a reply in support of its motion on June 30, 2023.

    By Opinion and Order dated August 3, 2023, the Court granted Lead Plaintiff’s class certification motion. Specifically, the Court: (i) certified a class of all persons and entities who, from November 5, 2019 to February 5, 2020, inclusive purchased or otherwise acquired BD common stock or call options, or sold BD put options, and were damaged thereby; (ii) appointed Industriens Pensionsforsikring A/S as Class Representative; and (iii) appointed Kessler Topaz Meltzer & Check, LLP and Carella Byrne Cecchi Brody & Agnello, P.C. as Class Counsel and Liaison Counsel, respectively, pursuant to Rule 23(g).

    Prior to this, while discovery was ongoing and Lead Plaintiff’s class certification motion was pending, the Parties agreed to participate in a private mediation before David M. Murphy, Esq., of Phillips ADR Enterprises, P.C. In advance of the mediation, the Parties exchanged detailed mediation statements. A mediation session with Mr. Murphy was held in New York City on August 16, 2023. At the mediation, the Parties engaged in vigorous settlement negotiations with the assistance of Mr. Murphy but the case did not resolve. Following the mediation, the Parties continued their negotiations with the assistance of Mr. Murphy and met virtually on September 13, 2023 with their respective damages consultants and in-person again in New York City on October 13, 2023, where once again the case did not resolve. Finally, on October 16, 2023, Mr. Murphy issued a mediator’s recommendation to resolve the Action for $85 million, which the Parties accepted on October 18, 2023. Thereafter, the Parties memorialized their agreement in principle to resolve the Action in a term sheet executed on November 13, 2023.

    After additional negotiations regarding the specific terms of their agreement, the Parties entered into the Stipulation on December 19, 2023. The Stipulation, which sets forth the terms and conditions of the Settlement, can be viewed on the Important Documents Page of this website. 

    On January 18, 2024, the Court preliminarily approved the Settlement, authorized notice of the Settlement to be provided to potential Class Members, and scheduled the Settlement Hearing to consider whether to grant final approval of the Settlement.

    On April 22, 2024, following the Settlement Hearing, the Court granted final approval of the Settlement and Plan of Allocation. 

    Defendants have denied and continue to deny the claims and allegations asserted against them in the Action. Despite maintaining that they are not liable for the claims asserted in the Action and that they have good and valid defenses thereto, Defendants have agreed to the Settlement solely to avoid further expense, inconvenience, and the burden of protracted litigation. Each of the Defendants denies that they have committed any violations of law or other wrongdoing. Defendants expressly deny that Class Representative has asserted any valid claims as to any of them, and expressly deny any and all allegations of fault, liability, wrongdoing, or damages whatsoever.

  • In a class action, one or more persons or entities (in this case, Class Representative) sue on behalf of persons and entities that have similar claims. Together, these persons and entities are a “class,” and each is a “class member.” Bringing a case, such as this one, as a class action allows the adjudication of many individuals’ similar claims that might be too small to bring economically as separate actions. One court resolves the issues for all class members at the same time, except for those who exclude themselves, or “opt out,” from the class.

  • If you are a member of the Class, you are subject to the Settlement, unless you timely request to be excluded. Please Note: The Exclusion Deadline has passed. The Class, as certified by the Court pursuant to its Opinion and Order dated August 3, 2023, consists of:

    All persons and entities who, from November 5, 2019 to February 5, 2020, inclusive, purchased or otherwise acquired BD common stock or call options, or sold BD put options, and were damaged thereby.

    Excluded from the Class are: (i) Defendants; (ii) present or former executive officers of BD or any of BD’s subsidiaries or affiliates, members of BD’s Board of Directors, and members of the immediate families of each of the foregoing (as defined in 17 C.F.R. § 229.404, Instructions (1)(a)(iii) and (1)(b)(ii)); (iii) any of the foregoing individuals’ and entities’ legal representatives, heirs, successors, or assigns; and (iv) any entity in which any Defendant has a controlling interest. Also excluded from the Class are any persons and entities who or which submitted a request for exclusion from the Class that was accepted by the Court.

    PLEASE NOTE: Receipt of the Notice or the Postcard Notice does not mean that you are a Class Member or that you will be entitled to a payment from the Settlement. If you are a Class Member and you wish to be eligible to receive a payment from the Settlement, you are required to submit a Claim Form and the required supporting documentation as set forth in the Claim Form postmarked (if mailed), or online at the File a Claim page of this website, no later than June 14, 2024.

  • The Settlement is the result of over 3 1/2 years of hard-fought litigation and extensive, arm’s-length negotiations by the Parties. Class Representative and Class Counsel believe that their claims against Defendants have merit; however, they also recognize the expense and length of continued proceedings necessary to pursue Class Representative’s claims - i.e., completion of merits discovery (including depositions), expert discovery, summary judgment, and trial, as well as the challenges Class Representative would face in establishing liability and the Class’s full amount of damages. More specifically, Class Representative faced potential challenges associated with proving the securities laws violations alleged in the Action.

    In light of these risks, the amount of the Settlement, and the certain, near-term recovery to the Class, Class Representative and Class Counsel believe that the Settlement is fair, reasonable, and adequate, and in the best interests of the Class. Class Representative and Class Counsel believe that the Settlement provides a favorable result for the Class, namely $85,000,000 in cash (less the various deductions described in the Notice), as compared to the risk that the claims in the Action would produce a smaller, or no, recovery after trial and appeals, possibly years in the future.

    Defendants have denied, and continue to deny, any and all allegations of fault, liability, wrongdoing, or damages whatsoever. Defendants expressly have denied, and continue to deny, that they have committed any act or omission giving rise to any liability under Sections 10(b), 20(a) or 20A of the Exchange Act, or Rule 10b-5. Defendants assert that the claims asserted in the Action against them are without merit and that none of the evidence developed to date, or that would be developed if the case had continued to be litigated, supports or would support the claims asserted in the Action against them. Nonetheless, Defendants have concluded that further conduct of the Action could be protracted and expensive, and that it is desirable that the Action be fully and finally settled. Defendants also have taken into account the uncertainty and risks inherent in any litigation, especially in complex cases like the Action.

  • If there were no Settlement and Class Representative failed to establish any essential element of its claims against Defendants at trial, neither Class Representative nor the other members of the Class would recover anything from Defendants. Also, if Defendants were successful in proving any of their defenses at trial, or on appeal, the Class could recover substantially less than the amount provided in the Settlement, or nothing at all.

  • Please Note: The Exclusion and Objection Deadlines have passed. 

    As a Class Member, you are represented by Class Representative and Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

    If you are a Class Member and do not wish to remain a Class Member, you may exclude yourself from the Class by following the instructions in the section below entitled, “What If I Do Not Want To Be A Member Of The Class?  How Do I Exclude Myself?” below.

    If you are a Class Member and you wish to object to the Settlement, the Plan of Allocation, or Class Counsel’s request for attorneys’ fees and Litigation Expenses, you may present your objection(s) by following the instructions in the question below entitled, “When And Where Will The Court Decide Whether To Approve The Settlement?” below.

    If you are a Class Member and you have not excluded yourself from the Class, you will be bound by any orders issued by the Court in the Action. As noted above, the Court has entered a judgment (“Judgment”). The Judgment dismisses with prejudice the claims against Defendants and provides that, upon the Effective Date of the Settlement, Class Representative and each of the other Class Members, whether or not such Class Member executes and delivers a Claim or shares in the Net Settlement Fund, on behalf of themselves, and their respective heirs, executors, administrators, predecessors, successors, assigns, representatives, attorneys, and agents, and anyone claiming through or on behalf of any of them, in their capacities as such, shall be deemed to have, and by operation of law and of the Judgment shall have, fully, finally, and forever compromised, settled, released, resolved, relinquished, waived, and discharged each and every Released Plaintiff’s Claim against Defendants and the other Defendants’ Releasees, and shall forever be barred and enjoined from prosecuting, commencing, or instituting any or all of the Released Plaintiff’s Claims directly or indirectly against any of the Defendants’ Releasees. This release shall not apply to any person or entity who or which submitted a request for exclusion from the Class that was accepted by the Court.

    “Released Plaintiff’s Claims” means all claims and causes of action of every nature and description, whether known or unknown, whether arising under federal, state, local, common, statutory, administrative or foreign law, or any other law, rule or regulation, at law or in equity, whether class or individual in nature, whether accrued or unaccrued, whether liquidated or unliquidated, whether matured or unmatured, that Class Representative or any other member of the Class: (i) asserted in the Action or (ii) could have asserted in any court or forum that arise out of or are based upon the same allegations, transactions, facts, matters or occurrences, representations, or omissions set forth in the Action and that relate to the purchase or other acquisition of BD common stock or call options on BD common stock, or the sale of put options on BD common stock, during the Class Period. Released Plaintiff’s Claims shall not include (i) any claims relating to the enforcement of the Settlement; (ii) any of the claims asserted in In re Becton, Dickinson & Co. S’holder Deriv. Litig., Master File No. 2:20-cv-15474 (D.N.J.); or (iii) any claims of any persons or entities who or which submitted a request for exclusion from the Class that was accepted by the Court.

    “Defendants’ Releasees” means Defendants; Defendants’ respective former, present or future parent companies, controlling shareholders, subsidiaries, divisions and affiliates and the respective present and former employees, members, managers, partners, principals, officers, directors, controlling shareholders, agents, attorneys, advisors, accountants, auditors, and insurers and reinsurers of each of them; the predecessors, successors, estates, Immediate Family members, spouses, heirs, executors, trusts, trustees, administrators, agents, legal or personal representatives, assigns, and assignees of each of them; as well as any trust of which the Individual Defendant is the settlor or which is for the benefit of any of his Immediate Family members; and any firm, trust, corporation, or entity in which any Defendant has a controlling interest.

    “Unknown Claims” means any Released Plaintiff’s Claims which Class Representative or any other Class Member does not know or suspect to exist in his, her, or its favor at the time of the release of such claims, and any Released Defendants’ Claims which any Defendant does not know or suspect to exist in his, her, or its favor at the time of the release of such claims, which, if known by him, her, or it, might have materially affected his, her, or its decision(s) with respect to this Settlement. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date of the Settlement, Class Representative and Defendants shall expressly waive, and each of the other Class Members shall be deemed to have waived, and by operation of the Judgment or the Alternate Judgment, if applicable, shall have expressly waived, any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law or foreign law, which is similar, comparable, or equivalent to California Civil Code § 1542, which provides:

    A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

    Class Representative and Defendants expressly waive, and each of the other Class Members shall be deemed by operation of law to have waived, any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to California Civil Code § 1542. Class Representative and Defendants acknowledge that they may hereafter discover facts in addition to, or different from, those that they or their counsel now knows or believes to be true with respect to the subject matter of the Released Plaintiff’s Claims or Released Defendants’ Claims, but the Class Representative and Defendants expressly settle and release, and specifically, each Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever settled and released any and all Released Plaintiff’s Claims and Released Defendants’ Claims, as applicable, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts. Class Representative and Defendants acknowledge, and each of the other Class Members shall be deemed by operation of law to have acknowledged, that the foregoing waiver was separately bargained for and a key element of the Settlement.

    The Judgment will also provide that, upon the Effective Date of the Settlement, Defendants, on behalf of themselves, and their respective heirs, executors, administrators, predecessors, successors, assigns, representatives, attorneys, and agents, in their capacities as such, shall be deemed to have, and by operation of law and of the Judgment shall have, fully, finally, and forever compromised, settled, released, resolved, relinquished, waived, and discharged each and every Released Defendants’ Claim against Class Representative and the other Plaintiff’s Releasees, and shall forever be barred and enjoined from prosecuting any or all of the Released Defendants’ Claims directly or indirectly against any of the Plaintiff’s Releasees. This release shall not apply to any person or entity who or which submitted a request for exclusion from the Class that was accepted by the Court.

    “Released Defendants’ Claims” means all claims and causes of action of every nature and description, whether known or unknown, whether arising under federal, state, local, common, statutory, administrative or foreign law, or any other law, rule or regulation, at law or in equity, whether class or individual in nature, whether accrued or unaccrued, whether liquidated or unliquidated, whether matured or unmatured, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims against Defendants. Released Defendants’ Claims shall not include any claims relating to the enforcement of the Settlement.

    “Plaintiff’s Releasees” means Class Representative, all other Class Members, and their respective current and former parents, affiliates, subsidiaries, officers, directors, agents, successors, predecessors, assigns, assignees, partnerships, partners, trustees, trusts, employees, Immediate Family members, insurers, reinsurers, and attorneys, in their capacities as such.

     

  • To be eligible for a payment from the proceeds of the Settlement, you must be a member of the Class and you must timely complete and return the Claim Form with adequate supporting documentation postmarked (if mailed), or submitted online, no later than June 14, 2024. You can obtain a copy of the Claim Form on this website, or you may request that a Claim Form be mailed to you by calling the Claims Administrator toll free at 1-888-995-0312, or by emailing the Claims Administrator at info@BectonSecuritiesSettlement.com. Please retain all records of your ownership of and transactions in BD common stock, call options and put options, as they may be needed to document your Claim. If you request exclusion from the Class or do not submit a timely and valid Claim, you will not be eligible to share in the Net Settlement Fund.

  • At this time, it is not possible to make any determination as to how much any individual Class Member may receive from the Settlement.

    Pursuant to the Settlement, Defendants paid or caused to be paid a total of $85,000,000 in cash. The Settlement Amount was deposited into an escrow account. The Settlement Amount plus any interest earned thereon is referred to as the “Settlement Fund.” The “Net Settlement Fund” (that is, the Settlement Fund less: (i) any Taxes; (ii) any Notice and Administration Costs; (iii) any Litigation Expenses awarded by the Court; (iv) any attorneys’ fees awarded by the Court; and (v) any other costs or fees approved by the Court) will be distributed to Class Members who submit valid Claims, in accordance with the Court-approved Plan of Allocation.

    Once the Court’s order or Judgment approving the Settlement becomes Final and the Effective Date has occurred, no Defendant, Defendants’ Releasee, or any other person or entity (including Defendants’ insurance carriers) who or which paid any portion of the Settlement Amount on Defendants’ behalf are entitled to get back any portion of the Settlement Fund. Defendants shall not have any liability, obligation, or responsibility for the administration of the Settlement, the disbursement of the Net Settlement Fund, or the Plan of Allocation.

    Unless the Court otherwise orders, any Class Member who fails to submit a Claim postmarked or received on or before June 14, 2024 shall be fully and forever barred from receiving payments pursuant to the Settlement but will in all other respects remain a Class Member and be subject to the provisions of the Stipulation, including the terms of any Judgment entered and the Releases given.

    Participants in and beneficiaries of any employee retirement and/or benefit plan covered by the Employee Retirement Income Security Act of 1974 (“Employee Plan”) should NOT include any information relating to BD securities purchased/acquired/sold through an Employee Plan in any Claim they submit in this Action. They should include ONLY those eligible BD securities purchased/acquired/sold during the Class Period outside of an Employee Plan. Claims based on any Employee Plan(s)’ purchases/acquisitions/sales of eligible BD securities during the Class Period may be made by the Employee Plan(s)’ trustees.

    The Court has reserved jurisdiction to allow, disallow, or adjust on equitable grounds the Claim of any Class Member. 

    Each Claimant shall be deemed to have submitted to the jurisdiction of the Court with respect to his, her, or its Claim.

    Only Class Members, i.e., persons and entities who, from November 5, 2019 to February 5, 2020, inclusive, purchased or otherwise acquired BD common stock or call options, or sold BD put options, and were damaged as a result of such purchases, acquisitions and/or sales, will be eligible to share in the distribution of the Net Settlement Fund. Persons and entities that are excluded from the Class by definition or that exclude themselves from the Class pursuant to request will not be eligible to receive a distribution from the Net Settlement Fund and should not submit Claims.

    Appendix A to the Notice sets forth the Plan of Allocation for allocating the Net Settlement Fund among Authorized Claimants.

  • The Court awarded Class Counsel attorneys’ fees in the amount of 25% of the Settlement Fund and payment of $843,144.64 for Plaintiff’s Counsel’s litigation expenses plus interest. The Court also awarded Class Representative its request for reimbursement of the reasonable costs and expenses it incurred related to its representation of the Class in the Action in accordance with 15 U.S.C. § 78u 4(a)(4).

    The sums approved by the Court will be paid from the Settlement Fund. Class Members are not personally liable for any such fees or expenses.

  • Please Note: The Exclusion Deadline has passed. 

    Each Class Member will be bound by all determinations and judgments in this lawsuit, whether favorable or unfavorable, unless such person or entity requested exclusion from the Class and that exclusion request was accepted by the Court. The persons and entities excluded from the Class are set forth in Exhibit 1 to the Judgment available on the Important Documents page of this website.

    If you did not want to be part of the Class, you must have excluded yourself from the Class in accordance with the instructions set forth in the Notice, even if you had a pending, or later filed, another lawsuit, arbitration, or other proceeding relating to any Released Plaintiff’s Claim against any of the Defendants’ Releasees. Excluding yourself from the Class was the only option that may allow you to be part of any other current or future lawsuit against Defendants or any of the other Defendants’ Releasees concerning the Released Plaintiff’s Claims. Please note, however, if you excluded yourself from the Class, Defendants and the other Defendants’ Releasees have the right to assert any and all defenses they may have to any claims that you may seek to assert.

    If you asked to be excluded from the Class, you will not be eligible to receive any payment from the Net Settlement Fund.

  • The Court held the Settlement Hearing on April 22, 2024, at 11:30 am in Courtroom 4D of the Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101. At this hearing, the Court approved the Settlement, Plan of Allocation, and Class Counsel’s motion for attorneys' fees and litigation expenses. For more information, please see the Important Documents page of this website.

  • If you purchased or otherwise acquired shares of BD common stock or call options on BD common stock, or sold put options on BD common stock from November 5, 2019 to February 5, 2020, inclusive, for the beneficial interest of persons or entities other than yourself, you must either (i) within seven (7) calendar days of receipt of the Notice, request from the Claims Administrator sufficient copies of the Postcard Notice to forward to all such beneficial owners and within seven (7) calendar days of receipt of those Postcard Notices forward them to all such beneficial owners; or (ii) within seven (7) calendar days of receipt of the Notice, provide a list of the names, mailing addresses, and e-mail addresses, if available, of all such beneficial owners to Becton, Dickinson and Company Securities Litigation, c/o JND Legal Administration, P.O. Box 91443, Seattle, WA 98111. If you choose the second option, the Claims Administrator will send a copy of the Postcard Notice to the beneficial owners you have identified on your list. Upon full compliance with these directions, nominees may seek reimbursement of their reasonable expenses actually incurred in complying with these directions by providing the Claims Administrator with proper documentation supporting the expenses for which reimbursement is sought. Reasonable expenses shall not exceed $0.10 per mailing record provided to the Claims Administrator; $0.50 per unit for each Postcard Notice actually mailed, which amount includes postage; and $0.10 per Postcard Notice sent via email. Such properly documented expenses incurred by nominees in compliance with these directions shall be paid from the Settlement Fund, with any disputes as to the reasonableness or documentation of expenses incurred subject to review by the Court.

    Copies of the Notice and the Claim Form may be obtained from this website, by calling the Claims Administrator toll free at 1-888-995-0312, or by emailing the Claims Administrator at info@BectonSecuritiesSettlement.com.

  • The Notice contains only a summary of the terms of the Settlement. For the full terms and conditions of the Settlement, please see the Stipulation available on this website. More detailed information about the matters involved in this Action can be obtained by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.njd.uscourts.gov, or by visiting, during regular office hours, the Office of the Clerk, United States District Court for the District of New Jersey, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101. Additionally, copies of any related orders entered by the Court and certain other filings in this Action will be posted on this website.

    All inquiries concerning the Notice and the Claim Form should be directed to:

    Becton, Dickinson and Company Securities Litigation
    c/o JND Legal Administration
    P.O. Box 91443
    Seattle, WA 98111

     1-888-995-0312
    info@BectonSecuritiesSettlement.com

    and/or
    Kessler Topaz Meltzer & Check, LLP
    Sharan Nirmul, Esq.
    Joshua D’Ancona, Esq.
    280 King of Prussia Road
    Radnor, PA 19087
    1-610-667-7706
    info@ktmc.com

    PLEASE DO NOT CALL OR WRITE THE COURT, THE CLERK’S OFFICE, DEFENDANTS, OR DEFENDANTS’ COUNSEL REGARDING THE NOTICE.

For More Information

Visit this website often to get the most up-to-date information.

Mail
Becton, Dickinson and Company Securities Litigation
c/o JND Legal Administration
P.O. Box 91443
Seattle, WA 98111