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Siskinds LLP seeks to recover compensation for Canadians who were prescribed Invokana and who suffered related injuries.

Invokana (canagliflozin) is a prescription medication indicated to lower blood sugar in adults with type 2 diabetes. Invokana is also available in combination with metformin, under the brand name Invokamet.

Invokana May Cause Serious Injuries

According to various research studies and reports made by the FDA and Health Canada, Invokana may cause serious side effects and injuries, including:

  • Increased risk of lower limb amputations (toe, foot, and leg)
  • Ketoacidosis
  • Increased risk of acute renal failure
  • Acute kidney injuries
  • Death

On September 6, 2017 Health Canada issued a Dear Healthcare Professional Letter advising practitioners that an approximately two-fold increased risk of surgical lower limb amputation (primarily of the toe and midfoot but also of the leg) has been observed in two long-term clinical studies in type 2 diabetes patients with established cardiovascular disease and treated with Invokana. Subsequently, a black box warning regarding lower limb amputations was added to the drug product label.

On May 16, 2016, Health Canada issued a Dear Healthcare Professional Letter advising that serious, sometimes life-threatening and fatal cases of diabetic ketoacidosis (DKA) have been reported in patients prescribed Invokana.

On October 16, 2015, Health Canada completed a Safety Review which found a link between acute kidney injury and the use of Invokana.

Siskinds LLP’s class action alleges that the defendant failed to adequately warn individuals that the use of Invokana increases the risk of serious injuries and complications. Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents.

Are You Part of the Invokana Class Action?

If you were prescribed Invokana, and suffered one of the injuries list above, we encourage you to join Siskinds LLP’s Invokana Class Action. Please email [email protected] or call us toll-free, at 800-461-6166.

Developments

The Invokana class action is in its early stages.

The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the Invokana litigation should properly proceed as a class action.

Class action stayed in Quebec

On December 2, 2019, the Superior Court of Quebec stayed the proceedings against the Defendants in favour of the Saskatchewan class action. The proceedings will be stayed until a decision is reached on the certification of the Saskatchewan class action.

FAQs

What is a class action?

A class action is a lawsuit that is 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 Invokana class action?

You are affected by the class action and are a “class member” if you were prescribed Invokana and suffered one of the following injuries:

  • Increased risk of lower limb amputations (toe, foot, and leg)
  • Ketoacidosis
  • Increased risk of acute renal failure
  • Acute kidney injuries
  • Death

You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person prescribed Invokana).

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 class action unless you “opt-out” (exclude yourself from the class action).

Can I opt-out of the class action?

Yes. Once the class action has been authorized, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.

Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.

What should I do to protect my rights?

To protect your rights, you should:

  • Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
  • Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  • If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms.

If you have not done so already, contact Siskinds in order that we can contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

  • Any expenses reasonably incurred for the benefit of the class member.
  • Travel expenses incurred in visiting the class member during his or her treatment or recovery.
  • Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).
  • If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have a question, please complete the form on this page or call 1-800-461-6166.

The Invokana class action is in its early stages.

The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the Invokana litigation should properly proceed as a class action.

Class action stayed in Quebec

On December 2, 2019, the Superior Court of Quebec stayed the proceedings against the Defendants in favour of the Saskatchewan class action. The proceedings will be stayed until a decision is reached on the certification of the Saskatchewan class action.

What is a class action?

A class action is a lawsuit that is 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 Invokana class action?

You are affected by the class action and are a “class member” if you were prescribed Invokana and suffered one of the following injuries:

  • Increased risk of lower limb amputations (toe, foot, and leg)
  • Ketoacidosis
  • Increased risk of acute renal failure
  • Acute kidney injuries
  • Death

You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person prescribed Invokana).

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 class action unless you “opt-out” (exclude yourself from the class action).

Can I opt-out of the class action?

Yes. Once the class action has been authorized, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.

Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.

What should I do to protect my rights?

To protect your rights, you should:

  • Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
  • Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  • If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms.

If you have not done so already, contact Siskinds in order that we can contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

  • Any expenses reasonably incurred for the benefit of the class member.
  • Travel expenses incurred in visiting the class member during his or her treatment or recovery.
  • Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).
  • If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have a question, please complete the form on this page or call 1-800-461-6166.

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