Lawyers Ask for $5.67 Million of Kroger’s $17 Million Prescription Prices Settlement — Objections Are Due October 22, Claims December 21, 2026, and No One Has Been Paid

As of October 17, 2026, nobody has been paid from the Kroger prescription prices settlement, and nobody will be until the court grants final approval. What changed this month is the lawyers’ bill. On October 6, 2026, class counsel — Bursor & Fisher, Arisohn LLC and Smith Krivoshey — filed a motion asking the court to approve “Class Counsel’s attorneys’ fees in the amount of one-third of the Settlement Fund, or $5,666,666.66, costs and expenses in the amount of $610,325.71, as well as Service Awards of $5,000 each for Plaintiffs Judy Kirkbride and Beeta Lewis.” The official site, krogersavingsclubsettlement.com, run by Angeion Group, now lists the filed motion among its documents.

The motion matters because every dollar of it comes out of the same $17,000,000 that is shared among claimants. The notice says so directly: fees, expenses and service awards are “each to be paid out of the Settlement Fund,” along with notice and administration costs. If the judge grants all of it, our arithmetic leaves $10,713,007.63 before Angeion’s costs and any taxes — an administration figure we did not find in the papers. The request stays within the caps the notice announced in August: fees “not to exceed one third,” expenses “not to exceed $610,325.71,” and no more than $5,000 per named plaintiff.

The deadline that comes before any money is October 22, 2026. That is the last day to object — including to the fee request — and the last day to opt out. Claim forms stay open until December 21, 2026.

The class is: “All individuals in the United States and its territories who, at any point in time from December 9, 2018, through August 23, 2026 (‘Settlement Class Period’), paid in whole or in part for one or more prescription drugs from Kroger using their insurance.” “Kroger” is not just the stores with that name. The plan of allocation lists 19 banners, including Ralphs, Food 4 Less and Foods Co, which answers the common search about the settlement in California: insured prescriptions at those pharmacies count. The rest are Baker’s, City Market, Dillons, Fred Meyer, Fry’s, Gerbes, Jay C Food Store, King Soopers, Kroger, Mariano’s, Metro Market, Pay-Less Super Markets, Pick’n Save, QFC, Ruler and Smith’s Food and Drug.

Payment is pro rata. The claim form asks what you paid out of pocket for insured Kroger prescriptions during the class period, in brackets, and the proposed plan values each bracket at its top: “claims estimated at $1-$500 will be valued at $500; claims estimated at $501-$1,000 will be valued at $1,000; claims estimated at $1,001-$4,000 will be valued at $4,000; and claims estimated at $4,001-$7,999 will be valued at $7,999.” Claims of $8,000 and over are valued at whatever your documents prove. Your share is your valued claim divided by the total of all valued claims, times the net fund. Neither the site nor the October filing reports how many people have filed, so no honest per-person figure exists yet.

Money goes out the way you pick on the form: “Zelle, PayPal, Venmo, or other direct deposit via ACH, or by check.” A check can be cashed for 180 days. The plan says the first distribution “will be completed no later than 120 days after the Effective Date,” which comes after final approval and the end of any appeals. The notice warns that an appeal “could take several years to resolve.” There is one appeal already pending: Kroger’s Sixth Circuit petition against class certification, No. 25-0302, which the motion says “has been held in abeyance by the Sixth Circuit pending final approval of the Settlement.” Leftover money can go to a second distribution, no sooner than seven months after the first; only a de minimis remainder goes to a charity the court approves.

To get paid, file the claim form at krogersavingsclubsettlement.com by December 21, 2026. If your notice came with a claim ID, you are a “Known Claimant”: you attest to your estimated payments and need documents only at $8,000 or more. If you got no notice, file anyway; if you are not on Kroger’s list, the notice says you “will be contacted by the Settlement Administrator and asked to provide supporting documentation.” Acceptable proof includes “itemized receipts, cancelled checks, bank statements, credit card statements, invoices, insurance records.”

To object — to the deal, the allocation plan, or the $5,666,666.66 fee request — send a letter by October 22, 2026 to the Clerk of the U.S. District Court, 85 Marconi Boulevard, Columbus, OH 43215 (the notice’s summary table also lists Attn: Objections, P.O. Box 58220, Philadelphia, PA 19102, so check the official site and consider sending to both), with copies to class counsel and to Kroger’s lawyers at Reed Smith (the addresses are in the notice). It has to include, among other things, your contact details, your reasons, and “documentation sufficient to prove your membership in the Settlement Class.” To speak at the hearing, a separate Notice of Intention to Appear must be postmarked by the same date. You can object and still claim.

To opt out, mail a signed letter postmarked by October 22, 2026 to Kroger Savings Club Litigation Settlement, Attn: Exclusions, P.O. Box 58220, Philadelphia, PA 19102. Opting out is the only way to keep your own claim against Kroger over these prices — and “If you opt out, you may not submit a Claim Form.” Doing nothing pays nothing and still binds you to a release that reaches U&C-pricing claims “regardless of whether ‘usual and customary’ or ‘U&C’ appears as a defined contractual term.”

Yes. The notice states: “A federal court authorized this notice. This is not a solicitation from a lawyer.” The only official channels are the website krogersavingsclubsettlement.com, the phone line (888) 535-4262, info@krogersavingsclubsettlement.com, and Kroger Savings Club Litigation Settlement, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. The notice also asks you not to call the court about claims.

One point is easy for a scammer to copy. A valid opt-out letter must include your Social Security number, and that requirement is real. But it goes only by mail to the P.O. Box 58220 address above, and only if you want out. Filing a claim does not ask for it: the plan asks Known Claimants for name, address, phone, an attestation and, for electronic payment, the account details for the method you chose. An email or text that asks for your SSN to “release” a payment, charges a fee, or links anywhere other than krogersavingsclubsettlement.com is not from Angeion. Type the address yourself.

Many of the search results for this case are Facebook posts from local TV stations and claim-aggregator pages. They are not the administrator. The claim form, the notice and the October 6 motion are all posted on the official site.

The plaintiffs allege that Kroger “inflated its U&C prices by not considering the prices it charged under its Savings Club in determining the U&C price, allegedly resulting in insured customers paying inflated amounts for prescription drugs.” Kroger says the club prices, available to members who “pay an annual membership fee, and satisfy other terms and conditions,” are not its usual or customary prices. The court has not decided who is right. The case was filed January 5, 2021. The court certified three litigation classes on March 28, 2025. The parties mediated on August 21, 2025, signed a term sheet November 21, 2025 and a settlement agreement March 12, 2026, and won preliminary approval on June 24, 2026. Counsel report 3,477.9 hours and a lodestar of $3,374,752.50, at rates from $350 to $1,400 an hour, so the fee request works out to about a 1.68 multiplier. Counsel say that multiplier will drop as they do more work.

The judge on the papers has changed. The amended preliminary approval order of June 25, 2026 (Doc. 165) was signed by Judge Algenon L. Marbley under case number -ALM-SCS. The October 6 motion is captioned -DRC-SCS before District Judge Douglas R. Cole. We could not see the reassignment order itself because the docket was not available to us. The notice still places the hearing before Judge Marbley on January 11, 2027, at 10 a.m. Eastern, at 85 Marconi Boulevard in Columbus, and adds that “the time and date of the Fairness Hearing may change.” As of October 17, 2026, the site still lists January 11, 2027.

Two questions people ask with this search are about something else. Does Kroger have a prescription discount program? Yes: the Savings Club this case is about, a paid annual membership, according to the court notice. The settlement neither ends it nor depends on whether you joined. The class is defined by paying with insurance, not by membership. How much does Kroger prescription delivery cost? The settlement papers say nothing about delivery charges, and the case does not cover them. Ask your Kroger pharmacy directly.