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Siskinds LLP seeks to recover compensation for Canadians suffering vision loss resulting from their use of prescription Elmiron to treat chronic bladder issues. Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents.

Elmiron (pentosan polysulfate) is an oral medication approved to treat interstitial cystitis/painful bladder syndrome, a chronic condition causing bladder pressure, bladder pain and sometimes pelvic pain.

Elmiron Increases the Risk of Vision Loss

Scientific studies have linked the long-term use of Elmiron to vision issues, specifically a novel and progressive eye disorder effecting the part of the retina which allows for highly sensitive, accurate vision.

The eye problems associated with Elmiron include:

  • blurry vision,
  • muted, less vivid colours,
  • difficulty reading, and
  • difficulty adjusting and seeing in different lighting conditions.

This class action relates to allegations that the defendants failed to adequately warn users of Elmiron, and their health care providers, that the use of Elmiron increases the risk of vision loss.

Are You Part of the Elmiron Class Action?

If you or someone you know has used Elmiron and has suffered vision issues, Siskinds may be able to help.

Contact us for more information or to receive a free consultation by completing the form below.

Developments

On June 19, 2020 a proposed class action was commenced in Ontario by Siskinds LLP. You can view a copy of the Statement of claim by cliking here.

On July 8, 2020 a similar class action was commenced in Quebec by Siskinds, Desmeules. You can view a copy of the application for authorization to institute a class action by cliking here (French only)

The proposed class actions are in the early stages of litigation.

The next step in the litigations will be the certification hearing. At the certification hearing, the court will mine whether the litigations are properly prosecuted as class actions.

FAQs

What is a Class Action?

A class action is a lawsuit brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Elmiron class action?

All persons in Canada who purchased and/or ingested Elmiron and their estates, administrators or other legal representatives.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the proposed class action unless you “opt out” (exclude yourself from the class action).

Can I exclude myself from the class action?

Yes. If the class action is certified, you will be given an opportunity to opt out (exclude yourself from the class action). If you opt out, you will not be able to participate in any settlement or court award achieved in the class action, but you may be able to pursue your claim on an individual basis. Generally speaking, you would only want to opt out of a class action if you intend to bring an individual action. In most circumstances, it is more cost effective to participate in a class action because the legal costs are spread over a large number of people, making it more economic for any individual class member to obtain relief.

What should I do to protect my rights?

To protect your rights, you should:

1) Register to receive updates about the class action by clicking the ‘Join’ button above and completing the form.

2) Keep a copy of all documents that may be relevant to this class action, such as:

  • Medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, receipts, etc.;
  • All medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.);
  • Pharmaceutical and medical records.

3) If possible, keep a journal of symptoms and note down any times when you or family members are unable to attend work or school as a result of your symptoms.

I still have questions. Who should I contact?

If you have any other questions, please complete the Get in Touch form below.

On June 19, 2020 a proposed class action was commenced in Ontario by Siskinds LLP. You can view a copy of the Statement of claim by cliking here.

On July 8, 2020 a similar class action was commenced in Quebec by Siskinds, Desmeules. You can view a copy of the application for authorization to institute a class action by cliking here (French only)

The proposed class actions are in the early stages of litigation.

The next step in the litigations will be the certification hearing. At the certification hearing, the court will mine whether the litigations are properly prosecuted as class actions.

What is a Class Action?

A class action is a lawsuit brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Elmiron class action?

All persons in Canada who purchased and/or ingested Elmiron and their estates, administrators or other legal representatives.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the proposed class action unless you “opt out” (exclude yourself from the class action).

Can I exclude myself from the class action?

Yes. If the class action is certified, you will be given an opportunity to opt out (exclude yourself from the class action). If you opt out, you will not be able to participate in any settlement or court award achieved in the class action, but you may be able to pursue your claim on an individual basis. Generally speaking, you would only want to opt out of a class action if you intend to bring an individual action. In most circumstances, it is more cost effective to participate in a class action because the legal costs are spread over a large number of people, making it more economic for any individual class member to obtain relief.

What should I do to protect my rights?

To protect your rights, you should:

1) Register to receive updates about the class action by clicking the ‘Join’ button above and completing the form.

2) Keep a copy of all documents that may be relevant to this class action, such as:

  • Medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, receipts, etc.;
  • All medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.);
  • Pharmaceutical and medical records.

3) If possible, keep a journal of symptoms and note down any times when you or family members are unable to attend work or school as a result of your symptoms.

I still have questions. Who should I contact?

If you have any other questions, please complete the Get in Touch form below.

Contact Us

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