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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"). Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents in may 2007.

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 claim 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.

As the notice sets out in further detail, the Saskatchewan Court must approve the settlement for it to be final and to have effect. 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 has now permitted us to schedule another hearing to seek settlement approval. Again, the settlement must be approved by the Court in Saskatchewan for it to be final and to have effect.

We are unable to schedule the new hearing at this time due to various factors including the Purdue’s bankruptcy proceedings in the US and Canada, which have suspended all court proceedings against certain Purdue companies, as well as the coronavirus pandemic. Siskinds and the other law firms responsible for the Canadian Class Action are continuing to work towards trying to have the Canadian Class Action resumed and have the proposed settlement receive final court approval.

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:

  • 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 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 a question, please complete the form on this page or call 1-800-461-6166  for English inquiries or 1-877-735-3842 for French inquiries.

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.

As the notice sets out in further detail, the Saskatchewan Court must approve the settlement for it to be final and to have effect. 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 has now permitted us to schedule another hearing to seek settlement approval. Again, the settlement must be approved by the Court in Saskatchewan for it to be final and to have effect.

We are unable to schedule the new hearing at this time due to various factors including the Purdue’s bankruptcy proceedings in the US and Canada, which have suspended all court proceedings against certain Purdue companies, as well as the coronavirus pandemic. Siskinds and the other law firms responsible for the Canadian Class Action are continuing to work towards trying to have the Canadian Class Action resumed and have the proposed settlement receive final court approval.

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:

  • 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 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 a question, please complete the form on this page or call 1-800-461-6166  for English inquiries or 1-877-735-3842 for French inquiries.

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