Canadian ACTOS® / Pioglitazone Class Action F.A.Q.
- What is the litigation about?
- How do I know if I am included in the Class?
- What if I do not want to be included – how do I Opt Out?
- What is the Settlement and has it been approved?
- What money will be paid under the Settlement?
- How do I receive compensation from the Settlement Fund?
- Who are the lawyers representing the Class Members?
- What if I retain a lawyer to submit my claim?
- How do I fill out a Claim Package?
- What documents do I need to include with my Claim Package?
- When will I receive my compensation?
- How do I get more information?
- What if I still have questions?
What is the litigation about?
Canadian lawsuits related to the prescription drugs ACTOS®, APO-Pioglitazone and Sandoz-Pioglitazone (collectively referred to as PIO) sought compensation for harm alleged to be associated with the use of the medications, including the development of bladder cancer. The defendants deny the plaintiffs’ allegations.
How do I know if I am included in the Class?
As part of the settlement process, the following lawsuits have been authorized/certified as class actions: Whyte v. Takeda Pharmaceutical Company Limited et al. No. 500-06-00618-120 (the “Québec Action”) and Casseres et al. v. Takeda Pharmaceutical Company Limited et al. Court File No. CV-11-44258400CP and Carrier et al. v. Apotex Inc.et al. Court File No. CV-13-491534-00CP (the “Ontario Actions”).
Specifically, the Québec and Ontario Courts have authorized/certified the following classes for settlement purposes:
Québec Class: All persons resident in Québec who purchased and/or used ACTOS® from August 17, 2000 to the date the Settlement is finally approved by the Courts (the “Class Period”), and their estates, administrators or other legal representatives, heirs or beneficiaries;
Québec Family Class: All family members and/or dependents of Québec Class Members who would have been entitled to assert a claim for compensation in the Québec Action;
Ontario National Class: All persons resident in Canada, excluding residents of Québec, who purchased and/or used ACTOS®, and all persons resident in Canada who purchased and/or used APO-Pioglitazone and/or SANDOZ-Pioglitazone, during the Class Period, and their estates, administrators or other legal representatives, heirs or beneficiaries; and
Ontario National Family Class: All persons who on account of a personal relationship to an Ontario National Class Member are entitled to assert a derivative claim for damages pursuant to the applicable provincial and/or territorial family law legislation.
If you fall within any of the above Class definitions, you will be bound by the terms of the Settlement if it is approved by the Courts and you will not be able to continue or commence an individual action relating to the use of PIO, unless you Opt Out.
What if I do not want to be included – how do I Opt Out?
If you are a member of the Québec Class or the Ontario National Class and you wish to be excluded from any future Orders made in these Actions and/or from the Settlement, should it be approved, you must take active steps by “Opting Out”.
To Opt Out, you must fully complete and submit an Opt Out Form and deliver it to the Claims Administrator by the Opt Out Deadline of January 26, 2021.
Opt Out Forms are available here or may be requested by mail or telephone. If you Opt Out, you will NOT be able to make a claim for compensation under the Settlement if it is approved by the Courts.
What is the Settlement and has it been approved?
The plaintiffs and defendants have reached a settlement, which is subject to approval by the Courts. The proposed Settlement provides for the creation of a $25 million (CDN) Settlement Fund which will be used to pay compensation for Approved Claims, the claims of the Public Health Insurers, the costs of notice and administration, and Class Counsel Legal Fees, disbursements and taxes.
In order for the Settlement to become effective, it must be approved by the Courts in Québec and Ontario. Each of the Courts must be satisfied that the Settlement is fair, reasonable and in the best interests of Class Members.
The dates for the Settlement Approval Hearings in Ontario and Québec have been scheduled with the respective courts as follows:
In the Québec Action, on January 27, 2021 at 10:00 a.m. at the Superior Court of Québec, 1 Notre-Dame East, Montreal, Québec.
In the Ontario Actions, on January 28, 2021 at 10:00 a.m. at the Ontario Superior Court of Justice, 361 University Avenue, Toronto, Ontario.
If you wish to object to the proposed Settlement, you must submit a written objection to the Claims Administrator by no later than January 7, 2021 at the address listed below. The Claims Administrator will file copies of all objections with the Courts. Do NOT send an objection directly to the Courts.
You may also attend the hearings on the dates noted above, and if you have submitted a written objection to the Claims Administrator, you may make oral submissions to the Court(s).
If either or both of the Settlement Approval Hearings are adjourned AND/OR if one or both of the Settlement Approval Hearings need to be held virtually due to restrictions arising from the Covid-19 pandemic, details will be posted on this website.
In the event that the Settlement Agreement is not approved by both the Ontario and Québec Courts in a form agreed to by the Parties, the Settlement Agreement will terminate and its terms will no longer be binding on Class Members. In that case, all Parties will be restored to their pre-Settlement Agreement positions and the Certification/Authorization Orders shall be set aside.
If the Courts approve the Settlement, this website will be updated accordingly and any and all related dates and deadlines will also be posted here.
What money will be paid under the Settlement?
Payments will be made to Class Members who show that they suffered from bladder cancer, as described in greater detail in the Settlement Eligibility Criteria and Compensation Grid, which are all subject to various eligibility criteria and maximum payment values.
Not all Class Members will be eligible for compensation. Compensation may also be paid to qualified Family Class Members. Any undistributed balance of the Settlement Fund will be allocated as between Class Members with Approved Claims and the Public Health Insurers based on the terms of the Settlement Agreement (as approved by the Ontario and Quebec Courts). For more information on the eligibility criteria and maximum individual payment values, you can review the Settlement Agreement and related documents here or contact Class Counsel listed below.
How do I receive compensation from the Settlement Fund?
In order to be considered for compensation under the Settlement, you must complete and submit a Claim Package to the Claims Administrator on or before the expiry of the Claim Period. The Claim Package describes what you must provide to prove your claim. More information about the eligibility terms and conditions is also contained in the Settlement Eligibility Criteria and Claims Administration Procedures.
Your Claim Package must be submitted before the expiry of the Claim Period, which will be fixed by the Court at or shortly after the Approval Hearing, if the Settlement Agreement is approved. All deadlines will be posted on this website, so be sure to check in from time to time.
Who are the lawyers representing the Class Members?
Class Counsel are:
Rochon Genova LLP
Barristers • Avocats
900-121 Richmond St. W.
Toronto, ON M5H 2K1
Joel P. Rochon
Tel: (416) 363-1867
Fax: (416) 363-0263
Kim Spencer McPhee
1200 Bay St., Suite 1203
Toronto, ON., M5R 2A5
Won J. Kim
Megan B. McPhee
Tel: (416) 596-1414
Fax: (416) 598-0601
Merchant Law Group LLP
100-2401 Saskatchewan Dr.
Regina, SK S4P 4H8
Evatt Merchant Q.C.
Tel: (306) 359-7777
Fax: (306) 522-3299
What if I retain a lawyer to submit my claim?
You do not need to retain a lawyer in order to file a claim under the Settlement, and the Claims Administrator and Class Counsel can answer questions you may have about the process, however if you do retain a lawyer to submit a claim, you will be responsible to pay any fees and disbursements that lawyer might charge.
How do I fill out a Claim Package?
You can 1) complete and submit an Online Claim Form, OR 2) download and print a Claim Package PDF, OR 3) you can request that a Claim Package be mailed to you by the Claims administrator, fill it out in its entirety, and mail the Claim Package and all required supporting documentation back to the Claims Administrator on or before the expiry of the Claim Period.
What documents do I need to include with my Claim Package?
The Claim Package sets out the documents that you need to submit in support of your claim, so read that document carefully. In summary, you will need to provide the following:
- Proof that you were prescribed and/or ingested ACTOS ® and/or APO-Pioglitazone and/or Sandoz-Pioglitazone during the Class Period;
- Various medical records, including records that reflect your medical history and that you were diagnosed with bladder cancer;
- Where applicable, documentation reflecting income loss and/or out of pocket expenses you claim were incurred as a result of your bladder cancer diagnosis and treatment.
When will I receive my compensation?
No payments will be made until after the Settlement Agreement has been finally approved and after all claims have been submitted and finally adjudicated. As a result, it is not possible to provide a definitive date, however it is expected that payments will not be made before the end of 2021.
How do I get more information?
The Approval Hearing Notice summarizes the Settlement. More details are in the Settlement Agreement and its Exhibits. You can review additional information on this website and you may also contact Class Counsel at the contact points noted above.
What if I still have questions?
If you have further questions or need any help, please contact the Claims Administrator at:
Telephone (toll-free): 1-800-538-0009
Mail: 9 Prince Arthur Ave., Toronto, ON, M5R 1B2