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After the class action lawsuit filed by the National Consumer Service (Sernac) against the three largest pharmacy chains operating in Chile, it was finally achieved that Salcobrand Y green Cross compensate consumers who were affected by the collusion of a list of 206 medications occurred between December 2007 and March 2008.
The compensatory process will benefit a group of almost 53 thousand consumers, who will receive compensation of around $ 22 thousand, within the framework of an agreement signed between Sernac, the consumer associations Conadecus, Anadeus and CDS; and the Salcobrand and Cruz Verde pharmacy chains.
Smoked Pharmacies (FASA) did not submit a compensation proposal in this process, so will remain on trial.
The two pharmacy chains will jointly disburse $ 1,387 million. “With this money compensation will be paid to consumers and it also considers an amount that will go to a social good (Sagrada Familia Oncology Child Help Foundation),” said Sernac.
Who are the 53 thousand clients that will receive the compensation?
Determining the universe of beneficiary consumers “was complex,” said Sernac, considering the time that has passed since the collusion occurred.
For this reason, advice on the creation of a mechanism for this purpose was requested from the Epistemonikos Foundation, an organization dedicated to bringing the evidence closer to those who make decisions in health and experts in methodologies based on scientific evidence.
Background information such as drug sales records held by pharmacies at the time of the collusion were also considered.
To determine the universe of almost 53 thousand consumers, the list of drugs involved in collusion was weighted and classified according to the following criteria:
1. Severity of the disease.
2. Frequency of drug use.
3. Effect of the drug.
4. Non-existence of alternatives.
With these criteria, a list of six categories of drugs that are concentrated in 26 products was reached:
Therefore, the consumers benefiting from this compensation will be the people over 18 years of age who acquired between December 2007 and March 2008 any of the 26 ethical drugs from the six categories determined by this agreement and corresponding to those intended to treat a chronic or more serious disease; that should be consumed frequently; and that there are no equivalent alternatives for the consumer.
On the site www.micompensacion.cl consumers can verify if they are on the list of beneficiaries.
In the case of those who do not appear as beneficiaries, but believe they are part of the group considered in the methodology, they can request a review of their case through the same page, accompanying the purchase history required for its relevance to be analyzed.
When and how will it be paid?
The payment will be made once the resolution of the court that approves the settlement is enforceable, which should happen in the next few weeks.
The payment process will be done through State Bank, an entity with experience in this type of process and that also has a wide network throughout the country, facilitating access to all beneficiaries.
The consumers will receive full compensation, without discount for operations, because the total cost of the payment process will be financed by the pharmacies that sign the agreement.
The money will be paid to the beneficiaries through electronic transfers to RUT Accounts of those who currently have this financial product.
In the event that the beneficiary does not have an CuentaRUT account, he or she may withdraw the money from the BancoEstado and ServiEstado branches within a year.
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