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On June 8, 2007, the law firms of Rochon Genova LLP and Siskinds LLP filed a class action on behalf of all persons in Canada (excluding Quebec) who were prescribed and ingested Oxycontin against the manufacturers of the drug, Purdue Pharma, Purdue Pharma Inc., Purdue Frederick Inc., The Purdue Frederick Company Inc., and Purdue Pharma LP (the "Defendants").

On May 11, 2007, Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents, that was amended on February 20, 2008.

On March 8 2017, the parties reached a Settlement Agreement to resolve the Oxycontin class action litigation across Canada. In 2017, this agreement was approved in Ontario, Quebec and Nova Scotia. However to come in force, the agreement is subject to court approval in Saskatchewan.

After a series of delays resulting from, among other things, Purdue’s Chapter 11 bankruptcy filing in the US, the global pandemic, and the Saskatchewan court requiring additional evidence on various issues, the continued application for Settlement Approval was finally heard in Saskatchewan on July 26 and 27, 2022.

The Saskatchewan Court has not yet released its decision. We will provide an update once we receive more information from the Court.

Addiction, Abuse and Overdose

Oxycontin is prescribed for moderate to severe, chronic pain. Use of Oxycontin has been linked to addiction and abuse of the drug, overdoses and sometimes death.

The class action alleges that the Defendants knew or ought to have known that ingesting Oxycontin leads to drug dependency and addiction.

Developments

The parties have reached an agreement to settle multiple proposed class actions commenced across Canada relating to addiction-related harms allegedly caused by the drugs, OxyContin® and OxyNEO®. The settlement agreement was approved in Ontario, Quebec and Nova Scotia; however, the agreement is conditional on it being approved by the court in Saskatchewan. The settlement agreement can be viewed here.

If you have already provided us with your email or mailing address, you will have received official notice of the national settlement agreement. Notice was also published in newspapers and online. The notice can be viewed here (English, French).

As the notice sets out in further detail, the Saskatchewan Court must approve the settlement for it to be final and to have effect. At the initial Settlement hearing in Saskatchewan on September 22, 2017, the Saskatchewan Court had requested additional information and further submissions to the court were made on January 5, 2018. By reasons released on March 15, 2018, the Saskatchewan Court declined to approve the settlement.

The Court invited the parties to return with additional evidence. A hearing was held with the Saskatchewan Court on September 4 & 5, 2019, to address certain issues that needed to be determined before the action could move forward. These issues were resolved, and the court permitted the parties to schedule another hearing to seek settlement approval.

Subsequently the parties were unable to schedule a new hearing for an extended period of time, initially due to the pandemic and later due to a Stay of Proceedings against Purdue in Canada as result of Purdue’s Chapter 11 bankruptcy filing in the US.

On September 15, 2019, the Purdue group of companies filed a petition for Chapter 11 bankruptcy in the US. As a result of the bankruptcy proceedings, our ongoing efforts to have the Settlement Agreement approved in Saskatchewan were the subject of a Stay of Proceedings as a result of Purdue US obtaining an Order in Canada from an Ontario court. The “Stay” essentially paused any actions against Purdue US and Purdue Canada for as long as the Stay was in place.

In the fall of 2021, the stay was partially lifted, which allowed Class Counsel to proceed in Saskatchewan to have a hearing to approve the Settlement Agreement.  The continued application for Settlement Approval was finally heard in Saskatchewan on July 26 and 27, 2022, before the Honourable Chief Justice Popescul. Chief Justice Popescul has reserved his decision – meaning, the decision would not be released immediately but instead the judge would take additional time to deliberate before releasing the decision on a later date. We will provide an update once we receive more information from the Court.

If the proposed national settlement agreement is approved, a further notice describing the process for submitting claims for compensation will be distributed.

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 Oxycontin class action?

You are affected by the class action and are a “member” of the class if you were prescribed and ingested Oxycontin.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
  2. Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  3. 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.
  4. Register to receive updates on this case by filling out the form below.

If you have not done so already, contact Siskinds so 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 your Oxycontin use and any injuries/symptoms you may have suffered from as a result of taking Oxycontin will be kept private and confidential.

I still have a question. Who should I contact?

If you have any other questions, please complete the Get in touch form below or call 1-800-461-6166  for English inquiries or 1-877-735-3842 for French inquiries.

Documents

Quebec:

Nova Scotia:

Ontario:

Agreements and notices:

The parties have reached an agreement to settle multiple proposed class actions commenced across Canada relating to addiction-related harms allegedly caused by the drugs, OxyContin® and OxyNEO®. The settlement agreement was approved in Ontario, Quebec and Nova Scotia; however, the agreement is conditional on it being approved by the court in Saskatchewan. The settlement agreement can be viewed here.

If you have already provided us with your email or mailing address, you will have received official notice of the national settlement agreement. Notice was also published in newspapers and online. The notice can be viewed here (English, French).

As the notice sets out in further detail, the Saskatchewan Court must approve the settlement for it to be final and to have effect. At the initial Settlement hearing in Saskatchewan on September 22, 2017, the Saskatchewan Court had requested additional information and further submissions to the court were made on January 5, 2018. By reasons released on March 15, 2018, the Saskatchewan Court declined to approve the settlement.

The Court invited the parties to return with additional evidence. A hearing was held with the Saskatchewan Court on September 4 & 5, 2019, to address certain issues that needed to be determined before the action could move forward. These issues were resolved, and the court permitted the parties to schedule another hearing to seek settlement approval.

Subsequently the parties were unable to schedule a new hearing for an extended period of time, initially due to the pandemic and later due to a Stay of Proceedings against Purdue in Canada as result of Purdue’s Chapter 11 bankruptcy filing in the US.

On September 15, 2019, the Purdue group of companies filed a petition for Chapter 11 bankruptcy in the US. As a result of the bankruptcy proceedings, our ongoing efforts to have the Settlement Agreement approved in Saskatchewan were the subject of a Stay of Proceedings as a result of Purdue US obtaining an Order in Canada from an Ontario court. The “Stay” essentially paused any actions against Purdue US and Purdue Canada for as long as the Stay was in place.

In the fall of 2021, the stay was partially lifted, which allowed Class Counsel to proceed in Saskatchewan to have a hearing to approve the Settlement Agreement.  The continued application for Settlement Approval was finally heard in Saskatchewan on July 26 and 27, 2022, before the Honourable Chief Justice Popescul. Chief Justice Popescul has reserved his decision – meaning, the decision would not be released immediately but instead the judge would take additional time to deliberate before releasing the decision on a later date. We will provide an update once we receive more information from the Court.

If the proposed national settlement agreement is approved, a further notice describing the process for submitting claims for compensation will be distributed.

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 Oxycontin class action?

You are affected by the class action and are a “member” of the class if you were prescribed and ingested Oxycontin.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
  2. Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  3. 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.
  4. Register to receive updates on this case by filling out the form below.

If you have not done so already, contact Siskinds so 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 your Oxycontin use and any injuries/symptoms you may have suffered from as a result of taking Oxycontin will be kept private and confidential.

I still have a question. Who should I contact?

If you have any other questions, please complete the Get in touch form below or call 1-800-461-6166  for English inquiries or 1-877-735-3842 for French inquiries.

Quebec:

Nova Scotia:

Ontario:

Agreements and notices:

Contact Us

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